Applications for Sale & Purchase of Property
If you need to buy or sell property on behalf of someone who has lost the capacity to manage their own affairs, you will normally need to apply to the Court of Protection for permission to do so.
Even if you are already acting as a Court of Protection deputy for the person without capacity, you may still need to apply for permission to buy or sell property as this may not have been included in the original Deputyship Order.
Our Court of Protection solicitors can advise you if you will need permission to buy or sell a property and guide you through the application process. Thanks to our many years of experience dealing with Court of Protection matters, we can advise you fully so that the process is as quick and smooth as possible.
How the property of someone without mental capacity is handled can often be a source of conflict between their loved ones. Our solicitors can help liaise between family members and other interested parties, minimising the likelihood of conflict, as well as offering a highly effective dispute resolution service for any issues that do arise.
For initial advice on applying to the Court of Protection for permission to buy or sell property, we offer a 30-minute consultation for a fixed fee of £95 + VAT or an hour at £150 plus VAT.
Applying to the Court of Protection for permission to sell or buy a property
If you are acting under a Deputy Order that does not specifically prohibit you from selling a property, you should always check to see whether an application to the Court of Protection is necessary so that you are not acting outside your powers. However, it is often still a good idea to apply for permission, especially where there is the possibility that other interested parties may object to the sale if the Order does not give specific permission to sell.
Where the Deputy Order does specifically prohibit selling a property, or you need to buy a property on behalf of the subject of the Order, you will need to apply to the Court of Protection for permission.
The exact process will depend on whether the person lacking capacity is the sole owner of the property or whether they are the joint owner along with one or more other people.
Selling jointly owned property when one owner has lost capacity
Where a property has two or more owners and one of the owners has lost mental capacity, the other owner/s cannot sell without first applying to the Court of Protection (unless there is a Lasting Power of Attorney in place). The Court will then need to appoint someone else to act for the person without mental capacity.
Even where someone is already acting as a Court of Protection deputy for the person without capacity, you may still need to make a separate application before being able to sell the property.
Why choose Tayntons for Court of Protection applications?
Tayntons’ Court of Protection lawyers have been supporting deputies for many years in Gloucester and throughout Gloucestershire, including Cheltenham and the Forest of Dean, as well as covering the rest of England and Wales.
We can provide expert guidance for all matters related to the Court of Protection deputyship, including buying and selling property. We will talk through everything you need to know in plain English, so you can be confident you are making the right decisions and understand the expected outcomes.
Tayntons is Lexcel accredited by the Law Society for our excellent practice management and client care and we are independently regulated by the Solicitors Regulation Authority (SRA).
Get in touch with our Court of Protection solicitors in Gloucester
Need help applying to the Court of Protection for permission to buy or sell property in Gloucester, Cheltenham, the Forest of Dean or anywhere in Gloucestershire or anywhere in the UK?