Selling a house when the owner needs care: power of attorney and legal guardianship

Article L-0081 · 30.09.2026 · 7 min. reading time · Joé Christian Ewrard

Who is allowed to sell the house when the owner needs long-term care?

The owner remains the person named in the land register. An illness, a move into a care home or a dementia diagnosis does not change this. As long as the owner can understand the significance and consequences of the sale and form their own free will, they make the decision and sign the documents themselves.

A person's legal capacity cannot be determined from a diagnosis alone. The specific circumstances are decisive. A person may need support in everyday life and still be able to understand a property sale. If there are doubts, the notary and, where appropriate, a doctor should be involved at an early stage. The estate agent can neither determine nor certify legal capacity.

If the owner can no longer act on their own behalf, relatives are not automatically permitted to sign for them. This also applies to spouses and adult children. The statutory right of spouses to represent each other in emergencies applies to certain healthcare matters, not to the sale of a property. Selling the house requires a suitable power of attorney or a court-appointed guardian with the appropriate area of responsibility.

Is a lasting power of attorney sufficient for the sale?

A lasting power of attorney can make the sale possible. However, its scope must be sufficiently broad. Wording such as “representation in all matters” should not be assumed to be sufficient without being reviewed. For a property transaction, what matters is whether the power of attorney also covers financial and property matters and is in a form that can be used before the notary and the land registry.

The power of attorney should therefore be taken to the notary first, rather than the property being listed on a property portal first. Among other things, the notary checks the wording, the form, any restrictions and whether the original document is required. A simple copy or a self-written declaration may be insufficient for processing the transaction through the land register.

It is also important to establish when the power of attorney is intended to take effect. Some documents contain conditions whose fulfilment may later be difficult to prove. Others only allow several authorised representatives to act jointly. If the power of attorney has been revoked or there are specific doubts about its use, this must also be clarified.

A typical case from estate agency practice: A child has already started arranging viewings because a lasting power of attorney is in place. It only becomes clear at the notary appointment that property transactions are not explicitly covered. The sale stalls while prospective buyers and the family wait for clarity. This strain can often be avoided if the authority to act is reviewed before the property is marketed.

What happens without a suitable power of attorney?

If there is no valid and sufficient power of attorney, an application for legal guardianship can be made to the competent guardianship court. The court examines whether the owner is wholly or partially unable to manage their own legal affairs and whether legal guardianship is actually necessary. Relatives do not automatically become court-appointed guardians solely because of their relationship.

The scope of responsibilities must be appropriate for the intended transaction. A legal guardian appointed solely for health-related matters cannot therefore also sell a house. For the property sale, the court-defined scope of responsibilities must include the necessary financial and property matters.

A guardianship does not mean that the owner’s wishes become irrelevant. The legal guardian should support the person concerned and respect their wishes. If their current wishes can no longer be ascertained, previous statements, personal values and presumed wishes become important. A sale may therefore not be justified solely on the grounds that it would be more convenient for the family.

The guardianship proceedings and subsequent approval require careful preparation. It is not possible to make a reliable promise as to how long this will take in an individual case. Anyone who realises at an early stage that no valid power of attorney is in place should therefore contact the guardianship court, the guardianship authority and a lawyer or notary.

Why does the court-appointed guardian need court approval?

A court-appointed legal guardian cannot freely sell a property solely by virtue of their appointment. Property transactions are generally subject to approval by the guardianship court. The relevant provisions are, in particular, the guardianship provisions of the German Civil Code. Their specific application should be clarified with the notary and, where necessary, with a specialist lawyer.

The court examines whether the sale is consistent with the interests and wishes of the owner under guardianship that must be taken into account. It must therefore be clear why the property is to be sold, how its value was determined and whether the contractual terms appear reasonable. A sound valuation, complete documentation and a documented marketing process can support this review.

The aim is not to claim the highest conceivable asking price at any cost. Setting the price too low can put assets at risk. An unrealistically high price can prevent the sale, prolong ongoing financial burdens and deter serious buyers. What is needed is a well-founded assessment of the market and the specific condition of the building.

Depending on the process, the purchase agreement may initially be subject to court approval. The notary determines which provision must be included in the agreement and when it becomes effective, based on the individual case. An estate agent should allow for this legal step in the process but may neither anticipate nor promise approval.

How can time pressure be kept manageable?

Time pressure often arises from care costs, a vacant building, ongoing loans or concerns that the house may suffer damage. The understandable response is then to sell as quickly as possible. However, speed without clarified legal representation often creates additional delays.

The first step is to take stock of the situation. Who is listed in the land register? Are there co-owners, rights of residence, usufruct rights, land charges or a community of heirs? Is an original power of attorney available? Who was granted power of attorney? Is a guardianship already in place, and which areas of responsibility are specified in the court order?

At the same time, the property documents can be compiled. These include land register details, plans, information on modernisation work, energy-related documents, insurance policies, tenancy agreements and evidence of known defects. Ongoing costs and the condition of a vacant house should also be recorded. This preparation does not pre-empt the legal decision, but it saves time later.

A clear division of responsibilities is equally important. One person maintains contact with the notary or court. Another collects the documents. The estate agent coordinates the valuation, property inspection and marketing once the legal representation has been clarified. This turns an overwhelming overall problem into a series of manageable steps.

What applies in the event of inheritance, a gift or separation?

If the owner dies during the preparation or completion of the sale, it must be reassessed who is authorised to act. Whether a power of attorney remains valid after death depends on how it is drafted. Otherwise, the heirs act on the owner's behalf. In a community of heirs, individual family members cannot sell the house on their own authority. The required proof of succession must also be clarified for the notary and land registry.

A quick transfer by gift to the children is not a simple substitute for lacking authority to sell. It changes the ownership and may have significant legal, tax and financial consequences. Any potential impact on care costs or future claims should also be covered by individual advice. The appropriate contacts are a notary, lawyer and tax adviser.

In the event of a separation, the ownership situation must be considered first. If the house belongs to both partners, both must generally be involved in the sale or be validly represented. If it belongs to only one partner, the other cannot sell it alone. Family law issues may also be relevant. These should not be pre-empted through informal agreements with prospective buyers.

Particularly when siblings, separated partners or future heirs have differing views, a written basis for decision-making is helpful. The valuation, known defects, ongoing financial obligations and terms of sale should be clear to everyone involved. This reduces the risk of a later dispute arising from allegations that the price was too low or that someone was excluded.

What is important when selling in the Eifel and around Trier?

In the Eifelkreis Bitburg-Prüm, Trier and Trier-Saarburg, the Vulkaneifel and along the border with Luxemburg, properties vary considerably. A townhouse in Trier requires a different assessment from an older village house, a property with outbuildings or a property with a larger plot.

For older buildings, documents are sometimes missing, or structural alterations have only been communicated verbally within the family. In such cases, outstanding issues should be clarified before the property is marketed. Buyers ask about approved floor space, condition, heating, energy documentation, rights relating to utility lines and possible encumbrances. Unclear information will become apparent at the latest during the financing process or at the notary appointment.

In the border region with Luxemburg, prospective buyers may have different commuting needs, financing models or expectations regarding the location. This broadens the potential pool of buyers, but is no substitute for a realistic valuation. The property's condition, usability, immediate surroundings and legally verified information remain decisive.

For families who live farther away, the practical management of the house also becomes important. Key handovers, appointments with tradespeople, inspections and viewings should be documented and coordinated with the authorised representative. PRIOCASA can coordinate the property-related steps in the region. Legal decisions remain with the owner, authorised representative, court-appointed guardian, court and notary.

How can owners and their families be protected from conflicts?

Transparency is the most effective protection. The family should record who is acting under which power of attorney or court appointment. Offers, pricing decisions, known defects and important conversations should be documented. This is particularly valuable if heirs later ask questions or family members have differing recollections of the process.

The purchase price must not be mixed with the funds of the family member handling the matter. Where the proceeds are paid and who is authorised to access them must be properly clarified from both a legal and banking perspective. Additional asset management requirements apply in the case of a court-appointed guardianship.

Personal belongings also require a separate process. Household contents, keepsakes and documents are not automatically included in the property sale. Before the property is cleared, it should be established who is authorised to make decisions and what wishes the owner has expressed.

A reputable estate agent clearly separates their role from legal and tax advice. They can assess the property's value, organise documents, document the marketing process and coordinate with the notary and the parties involved. Whether a power of attorney is valid, a gift is advisable or what tax implications may arise are matters for the relevant professionals to determine.

First clarify the land register details, the power of attorney and any existing court order for legal guardianship. Then have the authority to represent the owner reviewed by the notary while gathering the property documents at the same time. A regionally experienced estate agent can then assess the value and prepare a sales process that protects the owner and remains transparent to the family.

Frequently Asked Questions

As their child, may I sell my parents' house if they require care?

Not solely on the basis of your relationship. You need a valid power of attorney that covers the property transaction or a court appointment with the appropriate scope of responsibilities. Have the documents reviewed by the notary before marketing begins.

Can my spouse sell my house if I am no longer able to make decisions?

Marriage does not confer general authority to represent a spouse in financial or property transactions. The emergency right of representation for spouses does not extend to such transactions. An appropriate power of attorney or legal guardianship is generally required.

May a legal guardian determine the purchase price themselves?

The legal guardian participates in the decision within the scope of their responsibilities but must respect the owner's wishes and interests. The sale of the property generally requires approval from the guardianship court. A transparent valuation and documented marketing process assist with the review.

Can we already market the house while legal guardianship is being applied for?

Preparatory steps such as gathering documents and obtaining a valuation are possible. However, binding declarations and marketing should be closely coordinated with the notary, the court and the person who will subsequently be authorised to represent the owner. Otherwise, expectations may arise that cannot yet be met legally.

What happens if siblings disagree about the sale?

The key questions initially are who owns the house and who is authorised to represent the owner. Future heirs do not automatically have a right to participate in the decision while the owner is alive. In cases involving co-ownership, communities of heirs or conflicts of interest, advice should be sought from a lawyer or notary at an early stage.

Topics: selling a house when the owner requires care, lasting power of attorney, legal guardianship, guardianship court, property sale Eifel, community of heirs, sell a house Trier

Responsible for this article: Joé Christian Ewrard — Owner & IHK-certified estate agent, PRIOCASA Immobilien & Finanzservice. Last updated: 30.09.2026. The draft was created with the support of artificial intelligence and was reviewed and approved before publication (AI Transparency). This post does not replace legal or tax advice; for individual questions, please contact a notary, lawyer, or tax advisor.

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