Court of Protection and Trust Property Procedures
A deputy or attorney has a duty of care to discharge and could be called to account to the Court of Protection if an inappropriate decision is made when buying and selling a property.
It goes without saying that a deputy or attorney must act in the best interests of the person who they are appointed to act for. However, a deputy or attorney must not forget to protect themselves when making important decisions for others about property.
We provide day to day assistance to deputies appointed by the Court of Protection, trust practitioners, litigation solicitors and to trustees, executors, personal representatives and attorneys to facilitate the effective handling of property.
Common questions
- Is the consent of the Court or Protection required to sell or buy a house?
- Is an Order for Sale or an Order for Purchase required?
- What should the sale price or purchase price be?
- What if the family want to contribute towards the purchase price?
- Can the house be extended or adapted in the future?
- Is it appropriate to buy an investment property?
- What are the tax implications?
- What if I get it wrong?
The sale or purchase of a jointly owned property where one or both of the owners lack capacity is a particularly complex area of law.
Other questions
- Do I need to apply to the Court of Protection for an Order to appoint new trustees?
- Will the Court accept the application?
In the majority of cases the person who lacks capacity will need to be removed from the legal title and replaced by a new 'trustee' before the property can be sold. This is usually the case even when there are two other continuing trustees involved.
