07. Buying via Deputyship Order
Buying via Deputyship Order refers to the process of purchasing a property on behalf of someone who lacks mental capacity to make decisions for themselves, and a Deputy has been appointed by the Court of Protection to manage their affairs.
Here is how it works:
| Deputyship Order | A Deputyship Order is a legal arrangement granted by the Court of Protection in England and Wales. It appoints a Deputy to act on behalf of an individual who lacks mental capacity to make decisions regarding their property, financial affairs, or personal welfare. |
| Appointment of deputy | The Deputy is typically a family member, friend, or professional appointed by the court to make decisions in the best interests of the individual lacking mental capacity, known as the 'protected party.' The Deputy may be appointed specifically to manage property and financial affairs, including the purchase of property. |
| Authority to purchase | Once appointed, the Deputy has the legal authority to make decisions regarding the purchase of property on behalf of the protected party. This includes searching for suitable properties, attending viewings, negotiating offers, and completing the necessary paperwork on behalf of the protected party. |
| Legal requirements | When buying a property via Deputyship Order, certain legal requirements must be met to ensure that the transaction is valid and legally binding. This may include obtaining approval from the Court of Protection for significant decisions, complying with any specific instructions or limitations outlined in the Deputyship Order, and acting in the best interests of the protected party. |
Conveyancing process |
The conveyancing process for buying a property via Deputyship Order is similar to a standard property purchase, with the Deputy representing the protected party throughout the transaction. This includes working with a conveyancer or solicitor to handle the legal aspects of the purchase, liaising with sellers and their representatives, and facilitating the transfer of ownership. |
Deputies acting jointly vs. severally
- Deputies acting jointly: Deputies acting jointly must make decisions together, meaning that all appointed deputies must agree on any actions taken. This ensures that decisions are made collectively and that no single deputy can act unilaterally without the consent of the other(s).
- Deputies acting severally: Deputies acting severally have the authority to make decisions independently of each other. Each deputy can act on behalf of the protected party without the need for agreement or consultation with the other deputies. This provides more flexibility and convenience, as it allows each deputy to act promptly and efficiently without waiting for consensus from other deputies.
Buying a property via Deputyship Order involves the Deputy acting on behalf of an individual who lacks mental capacity. The Deputy has the authority to make decisions regarding the purchase of property, and the choice between deputies acting jointly or severally depends on the specific circumstances and preferences of the protected party.