Can you sell a property if you have deputyship?

Selling a property when one of the owners has lost mental capacity involves specific legal steps and careful planning. Here's what you need to know if you're in this situation.

If you and at least one other person co-own a property, and one of those owners loses mental capacity, you'll need to apply to the Court of Protection to sell the property. Mental capacity means being able to decide at the time it needs to be made. Without it, the individual can't sign legally binding documents or make decisions on their own.

To proceed with the sale, you'll need to appoint someone to act on behalf of the owner who has lost capacity. This step is necessary even if you are already acting as a deputy or if the official solicitor is involved as a litigation friend. However, if there's a registered power of attorney in place, you might be able to skip this application.

Applying to the Court of Protection ensures that someone can legally act for the owner who has lost capacity, allowing the sale to go ahead smoothly.

Selling a property under these circumstances requires a bit of extra planning. Start by getting current valuations from at least two estate agents and consider their fees to choose the best option. Additionally, gather quotes from at least two solicitors for conveyancing services to ensure you're getting a fair price.

It's crucial to plan where the person (let's call them 'P') will live after the property is sold. Think about their needs and preferences for new accommodation and decide how the proceeds from the sale will be managed in P's best interests.

Next, you'll need to organise the clearance of the property. This includes storing or relocating personal items to P's new home and identifying any valuable items that might need special attention. Make sure to keep aside any items that are named in P's Will before clearing the property.

Don't forget to notify insurance companies once the property is sold to update or cancel the coverage as needed.

Selling a property when one of the owners has lost mental capacity is certainly more complex, but with the right steps and careful management, you can navigate the process effectively. By ensuring that all actions are in the best interests of the person who has lost capacity, you can help make the transition as smooth as possible.

How Can GloverPriest Help?

At GloverPriest, we provide friendly and transparent legal advice. If you would like further advice on power of attorney or deputyship, please don’t hesitate to speak to one of our expert lawyers today.  Complete our enquiry form.