Can I Sell My Relative's House If They Are In Care?

• Published date: 16 November 2022
• Subject Matter: Litigation, Mediation & Arbitration, Real Estate and Construction, Trials & Appeals & Compensation, Real Estate
• Law Firm: Wrigleys Solicitors
• Author: Mr Thomas Mundy

Guidance on when a deputy will be authorised to sell a property owned by a person lacking capacity has been produced by the Court of Protection (COP), in conjunction with Solicitors for the Elderly, the Professional Deputies Forum, STEP and CoPPA.

When applying for a financial deputy to be appointed for a person living in residential care, those making regular applications to COP may have noticed the COP seeking clarification on whether a person's deprivation of liberty has been authorised under the Deprivation of Liberty Safeguards (DoLS). This is particularly relevant when a person has moved into a care home, leaving an empty property that will need to be sold to pay for care home fees.

The COP has been particularly careful not to authorise the sale of a person's property without confirming that the person who lacks capacity is not challenging their deprivation of liberty and intending to return home.

For those requesting authority to sell a property as a person's deputy, COP will require the following evidence before providing authority to sell.

• Evidence that the person lacks capacity to decide where they live and their care and treatment
• Confirmation that it is in best interests to receive their care in a care home
• That the person is subject to a standard authorisation of their deprivation of liberty
• That the person is not objecting to their deprivation of liberty and the deprivation is not subject to a challenge

This information should be provided as...