Q&As

Will the Court of Protection ordinarily grant authority to sell a jointly held property when appointing a deputy or are there any other requirements that need to be satisfied?

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Published on LexisPSL on 29/07/2020

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

  • Will the Court of Protection ordinarily grant authority to sell a jointly held property when appointing a deputy or are there any other requirements that need to be satisfied?

Will the Court of Protection ordinarily grant authority to sell a jointly held property when appointing a deputy or are there any other requirements that need to be satisfied?

Practice Note: The deputyship order explains that, since the introduction of the Mental Capacity Act 2005 (MCA 2005), deputyship orders are in most cases widely drafted and, subject to any specific restrictions in the order itself or imposed by MCA 2005, leave the deputy free to work within the framework of MCA 2005, exercising their authority to the extent necessary and acting in the best interests of P.

The deputy is typically given general authority to take possession or control of the property and affairs of P and to exercise the same powers of management and investment as P has as beneficial owner, subject to the terms and conditions of the order. This wide power would enable the deputy to buy and sell investments or property.

There are, however, circumstances in which an unrestricted order may not be granted, for example where there has been a history of financial abuse or misuse of P’s property, or where there are concerns over the ability of the deputy to manage P’s property and affairs perhaps due to age or ill health. In such circumstances, the power to buy, sell or charge property might be excluded.

Where it is known at the

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