Property transactions involving protected persons

Produced in partnership with Thomson Snell & Passmore LLP
Practice notes

Property transactions involving protected persons

Produced in partnership with Thomson Snell & Passmore LLP

Practice notes
imgtext

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.

Standard 6 of the 2023 Deputy Standards Policy, published by the Office of the Public Guardian (OPG), deals with property management and clearly sets out that a deputy must manage P’s property in line with the deputyship order and in P’s best interests.

Further detailed guidance on property management is provided in the 2023 Deputy Standards: Guidance for Professional Deputies, also prepared by the OPG. Standard 6 sets out best practice in relation to P’s property.

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

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Deputy definition
What does Deputy mean?

An individual appointed by the Court of Protection to make decisions on behalf of a protected person in respect of either their property and financial affairs or health and welfare. The duties of deputies are set out in the Mental Capacity Act 2005 (MCA 2005) and its accompanying practice'>code of practice.

Popular documents