Selling a home with a care power of attorney or under judicial protection in Belgium
Sometimes a home has to be sold while the owner can no longer decide for themselves, because of dementia, a brain injury or another illness. Who may then sign depends on one question: is there a care power of attorney or not. Here you read how it works in both cases.
With a care power of attorney (zorgvolmacht) that allows the sale, is set out in a notarial deed and is registered in the Central Register of Mandates, the representative can sell the home without going to court (notaris.be, checked 28 October 2026). If there is no care power of attorney, the justice of the peace appoints an administrator (bewindvoerder), who needs a prior authorisation from the justice of the peace for the sale. Care power of attorney and judicial protection are federal rules and apply throughout Belgium.
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Who may sell the home if the owner can no longer decide for themselves?
As long as the owner can decide for themselves, they decide, also in a residential care centre or with an illness. An illness does not automatically mean that someone is no longer of sound mind; with a care power of attorney the notary assesses that per situation (notaris.be).
If the owner is married or legally cohabiting, the partners decide together on the family home, even if only one of them is owner (notaris.be). There is a separate section on that further on.
If the owner can no longer decide for themselves, there are two routes. A care power of attorney takes precedence: judicial protection (bewind) is a subsidiary protection, for what a care power of attorney does not cover (notaris.be).
There is a registered care power of attorney that allows the sale: the representative sells in the name of the owner, within what the power of attorney says.
There is no care power of attorney, or it does not cover the sale: the justice of the peace appoints an administrator, who needs an authorisation for the sale.
Part 2
When is a care power of attorney enough to sell the home?
With a care power of attorney, someone gives one or more representatives the power to act in their name and on their behalf regarding their assets (notaris.be). It can be general or specific, and the grantor chooses whether it takes effect immediately or only on incapacity.
For the sale of a home, three conditions apply (notaris.be):
The power of attorney must allow the sale. If that is not in it, the representative cannot sell the home.
It must be set out in a notarial deed, because it serves for the sale of real estate.
It must be registered in the Central Register of Mandates (Centraal Register voor Lastgevingen), via the notary or the court registry. Without registration the power of attorney ends as soon as the grantor becomes incapable.
Part 3
How does a sale with a care power of attorney proceed?
Give the notary the care power of attorney early, before you look for a buyer. They check whether it is registered, whether it covers the sale and under which conditions. A power of attorney can for example stipulate that the home may only be sold if all the children agree with the price, or that the justice of the peace sets a minimum price (notaris.be).
After that the sale proceeds like any other. The home needs the same certificates, such as the EPC (energy performance certificate) before it is put up for sale, the soil certificate, the electrical inspection and, for a construction year before 2001, an asbestos certificate (Vlaamse overheid, the Flemish government). The representative signs the sale agreement (compromis) and the deed in the name of the owner.
To make a care power of attorney work, you do not need to go to the justice of the peace. If it offers insufficient protection, or if there is mismanagement, any interested party can still go to the justice of the peace, who can appoint an administrator (notaris.be). So work openly: keep the family informed of the asking price, the bids and where the money goes.
A free first valuation based on the address, such as Hoobler's, gives the family a starting point for the conversation about the price. It is not a valuation report and does not replace a valuation requested by the notary or the justice of the peace.
Part 4
What does a care power of attorney cost in 2026?
If the owner can still decide for themselves, they can have a care power of attorney drawn up now. That is only possible as long as someone is still of sound mind, and as long as that is the case, the power of attorney can be freely adapted (notaris.be). Since 1 January 2026 these amounts apply (notaris.be):
Fee: a fixed € 222, or € 336 for two grantors together.
A declaration of preference for an administrator added: € 57 extra.
Stamp duty on documents: € 50, and registration duty: € 50.
Registration in the Central Register of Mandates: € 19.40 per mandate and per declaration.
On top of that come administrative costs and VAT.
Part 5
What if there is no care power of attorney?
Then any interested party can ask the justice of the peace by petition to set up judicial protection. This includes a medical certificate that is no older than 15 days (notaris.be). The justice of the peace decides after hearing the person who needs protection in person.
The judicial protection can concern the person, the assets or both. An administrator can be a family member or a friend, or a professional (notaris.be).
Whoever can still decide for themselves can designate in advance, in a notarial deed, who should later become administrator of the assets: a declaration of preference. For the protection of the person that is not possible (notaris.be).
For the sale of the home, the administrator needs an authorisation from the justice of the peace (notaris.be). Allow extra time for that.
Part 6
How does an administrator sell a home?
For every sale, including of a home, the administrator asks the justice of the peace for permission in advance. According to the justice of the peace court of Ghent, a sale under the suspensive condition of that permission is unacceptable and void (vredegerecht Gent 1). So sign nothing with a buyer before the authorisation is there.
The principle is a public sale via a notary, which in consultation with the justice of the peace can also take place online via Biddit. A private sale is also possible, but then the administrator explains why it is more favourable for the protected person than a public sale, with a valuation report from an independent surveyor-valuer (landmeter-expert) and an overview of any creditors (vredegerecht Gent 1).
The notary knows which documents belong with the petition. So work with the notary from the start, and agree with the administrator who does the viewings and how the family is kept informed. Ask your notary or justice of the peace court how the application proceeds there.
Part 7
Your partner has dementia: can you sell the family home?
Married couples and legal cohabitants decide together on the family home, even if only one of them is owner (notaris.be). If your partner can no longer take part in the decision, you cannot simply sell the home alone. A care power of attorney from your partner that allows the sale, or an administrator with an authorisation, is then needed. Have your notary confirm what applies in your situation.
Also think of later. If your partner moves to a residential care centre and you stay at home, the last joint home can still remain exempt from inheritance tax for the surviving partner on a death (Vlaamse Belastingdienst, the Flemish Tax Administration). If you sell the home earlier, the surviving partner does not inherit an exempt home but money, to which other rules apply. Have that checked before you decide.
If the owner receives a care budget for elderly people with a care need, report the sale to the care fund within 3 months. It recalculates the budget, which usually leads to a reduction or termination; whoever does not report has to repay what was paid out in excess (Departement Zorg).
Frequently asked questions
Answered briefly.
Can you sell a house with a care power of attorney?
Yes, if the care power of attorney allows the sale, is set out in a notarial deed and is registered in the Central Register of Mandates (notaris.be). A judge is then not needed.
Can an administrator sell a house?
Yes, but only with an authorisation from the justice of the peace, requested in advance (notaris.be). The principle is a public sale; the administrator has to justify a private sale, with a valuation report from an independent surveyor-valuer (vredegerecht Gent 1).
Can you still draw up a care power of attorney with dementia?
Only as long as someone is still of sound mind. An illness does not automatically mean that is not the case; the notary assesses it per situation (notaris.be). If it is no longer possible, judicial protection via the justice of the peace is the route.
What does a care power of attorney cost?
Since 1 January 2026 a fixed fee of € 222, or € 336 for two grantors, plus among others € 50 stamp duty on documents, € 50 registration duty, € 19.40 for the registration in the Central Register of Mandates, administrative costs and VAT (notaris.be).
My partner has dementia: can I sell our house alone?
Not simply. Married couples and legal cohabitants decide together on the family home (notaris.be). If your partner can no longer take part in the decision, a care power of attorney that allows the sale or an administrator with an authorisation is needed. Have your notary confirm what applies to you.
May you already sign a sale agreement before the justice of the peace gave permission?
No. According to the justice of the peace court of Ghent, a sale under the suspensive condition of the permission is unacceptable and void (vredegerecht Gent 1). Request the authorisation first, and sign afterwards.
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