Enduring Power of Attorney

Good morning,
Just after some clarification please.
Where an Enduring POA has been utilised to facilitate a property sale, the Donor having mental capacity and ID requirements therefore having been met, it is my understanding that the POA does not need to be registered at the OPG, indeed, as the Donor has not lost MC it cannot be reg'd with the OPG........
How does this affect the eventual registration of the Transfer, please ?

Thanks.

G M Beth - not too sure what you mean by 'affect' here as if you have an enduring power of attorney to rely on here then your understanding is correct provided it was created prior to 1st Oct 2007
So if you have a valid EPoA dated prior to 1st Oct 2007 then it can be lodged in support of an application to transfer the property
GOV.UK includes guidance on how to check/confirm an EPoA is valid

Thanks Adam,  I have read and re-read the guidance. 
The EPOA is dated 2006 and I am being asked for either a TR1 executed by the Donor or a registered EPOA.  
I did telephone yesterday to discuss and the woman I spoke to was adamant that I am incorrect so I am stumped !

Beth - telephoned us? If so then each time you enquire there's always a risk of a different Q and A in my experience as no one call/enquiry is identical in words and of course you get a different person usually.
There should be consistency of course but in my experience even if a Q is asked in an identical way the thought processes etc may differ before an A is given - just a view though
I'm assuming that you have already submitted an application and have then received a requisition from us - correct?
If you have then it's always best, with me at least, to share that specific detail re title number so I can take a look and IF I feel that some discussion is required I can have that to clarify with the casework team. They of course have the specifics of the application to help them provide a specific answer.

Perhaps you would have a quick glance over it for me, please ? 
I wasn't going to ask you to specifically look as I just wanted to get it straight in  my head, if you see what I mean. 
The LR ref is MI0C4FC.

I phoned as I thought maybe my responses to the requisition were getting lost in translation or that my point about the EPOA not being registered was misunderstood but I am still not convinced that the woman I spoke to took my point.

Am I missing something ?
 

Beth - understood and appreciated but whenever you are 'stumped' it's best to share specifics otherwise I'm only able to comment in general terms. Always best to pursue with the specific casework team re such matters as if you ring our support line then you will tend to get a response that matches the case record unless it gets escalated and referred
I'll check in with the casework team and see if I can get some clarity 

Hi Beth - had a chat with the casework team and they apologise as the bit re not having lost mental capacity had been 'lost in translation' it seems. So all ok and they'll get it completed asap.

Oh thank you so much Adam.  That is much appreciated,  I was doubting myself there.  

My mum died last year and my dad has dementia and is currently residing in a home after being in a psychiatric ward. I have Power of Attorney for him, both financial and health. I am also executor of mum's will. They have a property and I would like to transfer the deeds/title in to my name. I am currently managing it. I have looked on the website at the various forms and filled in TR1 and have downloaded 1D1 and AP1. My confusion is whether I need to go to a solicitor or if I can fill it in myself and if so, which forms do I need to fill in. I have been granted probate and have all the relevant documentation for POA.<br> How do I proceed?<br> &#160;

Hi Hattie - whilst you don;t have to use a conveyancer I would always recommend doing so as they can help with legal as well as registration advice.
From what you have posted I assume that the property was registered in both names. If so then probate for Mum isn't needed as the legal ownership passed to your Father on her death. So if the property is to be transferred it would be by him and forms AP1, TR1 and ID1 are the right forms. We'd also need an official/certified copy of Mum's probate or death certificate to confirm her death.
So the key consideration seems to be the power of attorney you have and what supporting evidence re his mental state would be needed to enable you to act his attorney and transfer the legal ownership to yourself. This is where your legal advice and assistance needs to come in and should, in my experience. also cover whether that's the 'best' thing to do for both him/you
Whilst we can offer registration guidance re powers of attorney and how they might be used in support of a transfer/application we can't advise you on the law and the options to be considered