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Selling a House When Someone Has Dementia in Scotland

Families often discover the issue suddenly. A parent moves into a care home, care costs begin to rise, and the family home becomes the main asset available to fund care. However, if the person who owns the property has lost mental capacity, selling the house is not legally straightforward.

Banks, solicitors, and property agents will usually require formal legal authority before a property sale can proceed.

In Scotland, that authority is often obtained through adult guardianship.

Why you may not be able to sell the property

In Scotland, a property owner must have the legal capacity to understand and approve a sale. If a person has dementia or another condition that affects decision-making, they may no longer be able to legally authorise the transaction.

Even where family members are closely involved in care and finances, they do not automatically gain the legal authority to sell a property on someone’s behalf.

Organisations involved in the sale process - including banks, conveyancing solicitors and the Land Register - typically require evidence that the person handling the transaction has proper legal authority to act.

Without this authority, a property sale may be delayed or prevented entirely.

When guardianship may be required

If a person has lost capacity and no valid Power of Attorney exists, a court application may be required to appoint someone with the authority to make financial decisions.

This authority is usually granted through a guardianship order under the Adults with Incapacity (Scotland) Act 2000.

A financial guardianship order can allow a suitable person - often a family member - to manage financial affairs on behalf of the adult who lacks capacity. Depending on the powers granted by the court, this may include the authority to deal with property matters.

Situations where guardianship may be required include:

  • A parent or relative with dementia now lives in a care home

  • The family home needs to be sold to fund care costs

  • Banks or financial institutions require formal legal authority

  • No Power of Attorney was arranged before capacity was lost

Every case is different, and the exact powers required depend on the circumstances.

You can read more about the process here:

Guardianship Orders in Scotland

How guardianship can allow property decisions

When a guardianship order is granted, the court appoints a guardian and specifies the legal powers they are allowed to exercise.

Where financial powers are granted, these may include authority to:

  • manage bank accounts and financial matters

  • deal with pensions or benefits

  • handle property or asset decisions

  • instruct professionals involved in property transactions

In situations where a house needs to be sold, the guardian’s powers must allow them to deal with the property on behalf of the adult who lacks capacity.

Because guardianship applications involve medical reports, legal documentation and court procedures, families usually work with a solicitor experienced in adult incapacity and guardianship law.

How long the guardianship process can take

Guardianship is a formal court process and typically takes several months to complete. The exact timeframe depends on the complexity of the situation, the availability of required reports, and court schedules.

In some situations where urgent decisions are needed, a solicitor may advise on interim arrangements while the full application progresses.

Understanding the correct legal route early can help avoid delays and ensure property decisions are handled properly.

Getting guidance on the next step

If you are dealing with a situation where a loved one with dementia owns property and you are unsure what legal authority is required, speaking with a solicitor experienced in adult incapacity matters can help clarify the next steps.

Our service exists to help people in Scotland connect with solicitors who regularly handle guardianship and adult incapacity cases.

We do not provide legal advice directly, but we can help you take the first step by introducing you to a solicitor with relevant experience.

Request a confidential call

If you need to discuss a situation involving dementia, property, or guardianship in Scotland, you can submit a confidential enquiry using our contact form

Once submitted, your enquiry will be passed to a solicitor experienced in adult incapacity and guardianship law, who can discuss your circumstances and explain the options available.

Need to sell their home? Speak to an Adult Guardianship Solicitor in your area

Tell us a little about your situation and we will connect you with an Adults With Incapacity solicitor who can help — free initial enquiry, no obligation.

By submitting this form, your details will be shared with a specialist guardianship solicitor in your area so they can respond to your enquiry. All information is handled in strict confidence.

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Independent referral service – not legal advice
We connect you directly with Scottish solicitors experienced in adult guardianship matters. By using this service, your enquiry is handled quickly and routed to the right solicitor, saving you time and stress.

Helpful local pages

If you’re looking for a solicitor in a specific area, these pages may help:

We can also connect you with local solicitors in:

  • Guardianship Solicitors Dundee
  • Guardianship Solicitors Aberdeen
  • Guardianship Solicitors Fife
Guardianship Scotland
When a loved one loses mental capacity and no Power of Attorney is in place, knowing where to turn isn't easy. Guardianship Scotland connects families across Scotland with specialist solicitors who handle guardianship orders and adult incapacity applications — so you can take the right next step with confidence.
Independent referral service – not legal advice
We connect you directly with Scottish solicitors experienced in adult guardianship matters. By using this service, your enquiry is handled quickly and routed to the right solicitor, saving you time and stress.
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