What is required to obtain authority to purchase or buy property for a Protected Party if you are already appointed as Property and Affairs Deputy?

David Wedgwood, Partner| Injury & Medical Claims | July 24, 2017

Frequently a Deputyship Order appointing someone as Property and Affairs Deputy does not include authority to purchase or sell a property or carry out adaptation works on a property for a Protected Party. If such authority is required a separate application needs to be made to the Court of Protection to obtain this additional authority.

A detailed witness statement should be prepared and submitted to the Court with the relevant fee. The existing Deputy should provide the Court with a clear indication of the specific order or directions sought. It is advisable to provide an estimated figure for the purchase of the property and how the capital expense will impact on the remaining fund.

It is best practice to provide the Court with details of the property that it is proposed is purchase for the Protected Party and why that specific purchase satisfies the best interests decision making that a Deputy must undertake. If building or adaptation works are to be undertaken an estimate should be enclosed for these works and a breakdown provided of the types of work required.

If an Independent Financial Advisor or an Occupational Therapist have been instructed to comment on the sustainability of the Protected Party’s fund or to obtain an estimate for any works proposed, it would be helpful to provide a summary of their advice within the Court application.

As part of the Court of Protection team, we manage Deputyships for our clients and assist with the procedure if a further authority is required. If you require assistance or guidance in this area please contact our Court of Protection Team on 0207 940 9060.

* Disclaimer: The information on the Anthony Gold website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. It is provided without any representations or warranties, express or implied.*

Please note

The information on the Anthony Gold website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. It is provided without any representations or warranties, expressed or implied.