Acting As A Lay Deputy – Selling A Protected Party’s Property

Protected Party Lacked Capacity

There may be many reasons why a Deputy for a person’s property and financial affairs may need to sell their property.

For Lay Deputies it may be that the Protected Party has moved into a care home and is not likely to return home, or it may be that the Protected Party has expressed a wish for the property to be sold and for another suitable property to be purchased.

In this blog, we will be following Jim, who has a Lay Deputy appointed to manage his property and financial affairs. Jim did not make a Lasting Power of Attorney before he lost capacity, and therefore his family had to apply to the Court of Protection to be appointed as Deputy for his property and financial affairs. Jim has now been in residential care for a year and his family have been advised that he will not be able to return home as he requires a high level of support.

Jim’s Deputy discusses this with him and makes the decision to sell Jim’s property in order to fund his on-going care needs as this is in his best interests.

What is the process for a Lay Deputy to sell the Protected Party’s property?

In order for the Lay Deputy to sell Jim’s property there must be a valid order granted by the Court of Protection that provides them with permission to sell Jim’s property. The Court of Protection does not usually grant permission for the sale of property when a Deputy is first appointed. Therefore, it may be necessary to prepare another application to the Court requesting permission to sell Jim’s property.

An application can take many months and it may be quite some time before an order is granted. In the mean-time, you can still put the property on the market. Once the Court order granting permission for the sale has been received the sale should progress the same as if Jim was selling the property himself. The Conveyancer will require a copy of both the Court Order appointing the Lay deputy on behalf of Jim and also the Court Order granting permission for the sale of Jim’s property. This is so that once the property is sold, they will be able to transfer the ownership of the property to the new owner.

What will the Lay Deputy need to consider now the property has been sold?

After the property has been sold, there are a series of steps Jim’s Lay Deputy will need to consider, such as:

  • Are there any arrears that need to be paid immediately?
  • Have the utility companies and local council been updated so they are aware that Jim is no longer responsible for the bills at the property?

If the sale proceeds are considerable, and Jim has no large expenditure or outgoings it may be necessary to consult an Independent Financial Advisor to discuss how the funds should be managed moving forward.

Lay Deputy Selling Protected Party's Property

How can Nelsons help

Tanya Kirman is a Paralegal in our expert Court of Protection team.

For further information concerning the topics discussed in this article or any related matters, please contact Tanya or another member of our team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online enquiry form.

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