Q&As

An application has been made to the Court of Protection for appointment of a deputy, and appointment of trustees in relation to a property to allow for a sale. What type of application would constitute an urgent application in order to avoid the sale falling through due to delay?

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Published on LexisPSL on 10/10/2016

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • An application has been made to the Court of Protection for appointment of a deputy, and appointment of trustees in relation to a property to allow for a sale. What type of application would constitute an urgent application in order to avoid the sale falling through due to delay?
  • Background
  • Proceedings for appointment of deputy
  • Part 10 procedure
  • Emergency applications

Background

Deputies are frequently involved in the sale, purchase or leasing of properties on behalf of a protected party (P). Authority to manage property transactions is usually dealt with in the order appointing the deputy, and the court will either grant or restrict this authority in the terms of the order.

Obtaining an order may take some time, and such delays can put potential property transactions at risk. See Practice Note: Property transactions involving protected persons.

Proceedings for appointment of deputy

Although most applications for the appointment of a deputy commence with a single application form and proceed directly to an order, proceedings are dynamic and may involve applications to the court either before the application has been made, while the application is being dealt with, or after a final order has been made.

Because proceedings may be slow, there may be a need for access to funds or

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