Property transactions involving protected persons
Produced in partnership with Thomson Snell & Passmore
Property transactions involving protected persons

The following Private Client guidance note Produced in partnership with Thomson Snell & Passmore provides comprehensive and up to date legal information covering:

  • Property transactions involving protected persons
  • Selling, buying and leasing property for P
  • Purchase of property
  • Leasing property for P
  • Stamp duty land tax

Selling, buying and leasing property for P

A deputy can be involved in a number of different property transactions on behalf of P depending on their circumstances. This can include the sale of property that has become unsuitable for P, the purchase of an alternative property or the rental of accommodation for P, which is often the case pending the finding of a more permanent accommodation solution for P and their family.

Sale of property

Owing to P’s changing care needs, it can be the case that a property becomes unsuitable. In these circumstances, the unsuitable property may need to be sold to help finance the purchase of alternative, more appropriate, accommodation.

This can be the case when P is elderly and residential accommodation provides a more suitable home or when P has physical difficulties (often coupled with an acquired brain injury) and the existing accommodation cannot be adapted to meet P’s specific care needs.

In general and when there is no specific restriction, a deputy will be granted authority to manage P’s property and affairs with the power of a beneficial owner. This will often extend to selling property on P’s behalf. Where such general authority has been granted, no application needs to be made to the court for sale unless the sale poses a potential conflict of interest or is