08. Selling via Deputyship Order
Selling via Deputyship Order involves the process of selling 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's 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 sale of property. |
| Authority to sell property | Once appointed, the Deputy has the legal authority to make decisions regarding the sale of the protected party's property. This includes listing the property for sale, negotiating offers, entering into contracts, and completing the necessary paperwork on behalf of the protected party. |
| Court oversight | The Deputy's actions are subject to oversight by the Court of Protection to ensure that they act in the best interests of the protected party and comply with legal requirements. The Deputy may be required to seek court approval for certain decisions, such as selling property or making significant financial transactions. |
| Conveyancing process | The conveyancing process for selling a property via Deputyship Order is similar to a standard property sale, 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 sale, liaising with potential buyers and their representatives, and facilitating the transfer of ownership. |
| Completion of sale | Once a buyer is found and the sale is agreed upon, the Deputy signs the necessary legal documents, including the sale contract and transfer deed, on behalf of the protected party. The proceeds from the sale are typically used for the benefit of the protected party, such as funding their care or meeting their financial needs. |
Selling a property via Deputyship Order involves the appointment of a Deputy by the Court of Protection to act on behalf of an individual lacking mental capacity. The Deputy has the legal authority to manage the sale of the individual's property and must act in their best interests under the supervision of the court.
Deputies acting jointly vs. severally
When deputies are appointed by the Court of Protection to manage the affairs of someone who lacks mental capacity, they can be authorised to act either jointly or severally, or both.
Here's the difference between deputies acting jointly and severally:
Deputies acting jointly
- Deputies acting jointly must make decisions together, meaning that all appointed deputies must agree on any actions taken.
- This arrangement ensures that decisions are made collectively and that no single deputy can act unilaterally without the consent of the other(s).
Jointly appointed deputies are commonly used when the court wants to ensure that all decisions are made with consensus and oversight.
Deputies acting severally
- Deputies acting severally have the authority to make decisions independently of each other.
- Each deputy can act on behalf of the person lacking mental capacity without the need for agreement or consultation with the other deputies.
- This arrangement provides more flexibility and convenience, as it allows each deputy to act promptly and efficiently without waiting for consensus from other deputies.
The main difference between deputies acting jointly and severally lies in the decision-making process. Deputies acting jointly must make decisions together, while deputies acting severally can make decisions independently. The choice between these arrangements depends on the court's assessment of the best interests of the person lacking mental capacity and the specific circumstances of the deputyship order.