Q&As

If a Property and Affairs Order, granted in 2008, confers upon a Deputy general authority to take possession or control of the property and affairs and exercise the same powers of management and investment as the beneficial owner, does this authorise the Deputy to sell the protected person's home?

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Published on LexisPSL on 14/07/2021

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

  • If a Property and Affairs Order, granted in 2008, confers upon a Deputy general authority to take possession or control of the property and affairs and exercise the same powers of management and investment as the beneficial owner, does this authorise the Deputy to sell the protected person's home?

If a Property and Affairs Order, granted in 2008, confers upon a Deputy general authority to take possession or control of the property and affairs and exercise the same powers of management and investment as the beneficial owner, does this authorise the Deputy to sell the protected person's home?

In the absence of any specific restriction in the deputyship order relating to the sale or purchase of land by the deputy, the general authority described would normally include the power to buy and sell property on behalf of the protected person (P). While, as you say, it is now more common for deputyship orders to make specific reference to the buying and selling of property, providing the 2008 order is still valid, the general authority granted in this order would still apply to the deputy.

Where such general authority has been granted, no application would need to be made to the court

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