At Coles Miller, we understand that acting as a Deputy for a loved one can feel overwhelming - especially when it involves major decisions like selling their home.
What is a Deputy?
A Deputy is appointed by the Court of Protection under the Mental Capacity Act 2005 to make decisions for someone who lacks mental capacity to make decisions for themselves. A Deputy can manage property and financial affairs, or health and welfare, depending on their Court Order.
Deputies must act in the person’s best interests and report to the Office of the Public Guardian (OPG). They are used when there is no valid Power of Attorney in place.
Under the Mental Capacity Act 2005, Deputies appointed by the Court of Protection have a legal duty to act in the best interests of the person they represent - but selling a property adds an extra layer of responsibility and procedure.
What is the difference between a Deputy and a Trustee?
A Trustee is appointed under a trust deed or a Will to manage assets held in trust for the benefit of the beneficiaries. This could be when money or property left in trust for children until they reach 18.
Trustees must act in line with the trust terms and the general law of trusts and don’t need the Court of Protection’s involvement (unless there’s a dispute).
A good example: when a grandparent leaves £100,000 in trust for a disabled grandchild, the trust is run by Trustees. The grandchild’s everyday money, benefits or property may be managed by a Deputy if the grandchild can’t manage it themselves.
A trustee manages assets held within a trust, while a deputy makes decisions for someone who lacks the capacity to manage their own affairs. A trustee's role is specific to the trust's assets, whereas a deputy has broader authority over a person's property and financial affairs.
Selling a property as a Deputy - some pointers
Do you have authority to sell?
Firstly, check your Deputyship Order. Most property and financial affairs Deputyship Orders will allow you to manage and sell property - but some do not.
If your Order doesn’t specifically grant the power to sell the person’s home, you must apply to the Court of Protection for permission. The Court will want to know:
Get a proper valuation
It’s important to get an independent valuation - sometimes more than one - to demonstrate that you are selling for a fair market price. This protects you as Deputy and ensures you fulfil your duty to act in the person’s best interests.
Choosing an estate agent and solicitor
Appoint reputable professionals who understand the extra checks involved when a property is sold under a Deputyship Order. At Coles Miller, our Private Client and Conveyancing teams work closely together to handle these matters sensitively and efficiently, reducing delays and stress.
Keeping records
As Deputy, you must keep clear records of:
You will need to show the Office of the Public Guardian (OPG) how the proceeds will be used - whether that’s funding care, investing the money, or buying a more suitable property.
Common pitfalls to avoid are selling without proper authority: You could be personally liable for losses. Also undervaluing the property: You must show you achieved the best price. Don’t forget to apply for additional permissions: For example, if there’s a mortgage or the person’s Will has trust conditions.
How Coles Miller can help
Our specialist Court of Protection solicitors regularly advise Deputies who are managing complex property sales. We can:
Selling a loved one’s home is never easy - but you don’t have to navigate it alone.
If you’re acting as a Deputy and need advice about selling a property, speak to our experienced Private Client team today. We’re here to help you act confidently, lawfully and in your loved one’s best interests.