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How to Sell a Loved One’s Home When Acting as a Deputy

04 August 2025

We understand that stepping into the role of Deputy for a loved one can be overwhelming, especially when it involves making difficult decisions like selling their home.

This guide provides clarity on what it means to act as a Deputy, how the role differs from that of a Trustee, and the important steps you must take when selling a property on behalf of someone else.

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 can no longer manage their own affairs due to lack of mental capacity. Deputies are typically assigned for one of two areas:

• Property and Financial Affairs – managing finances, bank accounts, bills, and property.
• Health and Welfare – making decisions about healthcare, living arrangements, and other personal needs.

Deputies are appointed when there is no valid Power of Attorney in place. Regardless of their responsibilities, all Deputies must act in the person’s best interests and report regularly to the Office of the Public Guardian (OPG).

Deputy vs Trustee: Understanding the Difference

While both Deputies and Trustees manage assets on behalf of others, their roles are distinct:

• A Deputy is appointed by the Court of Protection to act for someone who lacks capacity.
• A Trustee is responsible for managing assets placed in a trust, often for the benefit of beneficiaries (such as children or dependents).

For example, if a grandparent sets up a trust fund for a disabled grandchild, Trustees would manage the trust. A Deputy, on the other hand, may manage the child’s everyday finances and care if the child is unable to do so themselves.

Selling Property as a Deputy: Your Key Responsibilities

Selling a property on behalf of someone who lacks mental capacity involves additional legal responsibilities and procedures. Here's a breakdown of what you need to know:

1. Confirm Your Legal Authority

Before you proceed, carefully review your Deputyship Order.

• In most cases, a Property and Financial Affairs Deputyship includes the authority to sell property.
• However, if your Order does not grant you the power to sell the property, you must apply to the Court of Protection for permission. The Court will want to know:
  • Why the sale is necessary
  • Where the person will live afterward
  • How the proceeds will be used to support their ongoing care

2. Get an Independent Valuation

To protect your position as Deputy and meet your legal obligations, you’ll need to secure at least one independent property valuation—preferably two. This demonstrates that the property is being sold at a fair market price and ensures that you have acted in the best interests of the person you represent.

3. Choose the Right Estate Agent and Solicitor

Selling a property under a Deputyship Order requires special consideration. It’s important to choose professionals who understand the complexities involved. Our Private Client and Conveyancing teams work closely together to ensure the sale process is handled smoothly and efficiently, reducing any potential delays or complications.

4. Keep Detailed Records

Transparency is crucial. As a Deputy, you’ll need to keep records of:

• Valuations and offers received
• Any professional advice you’ve sought
• The final sale and how the proceeds will be used

These records are important for your duty to report to the Office of the Public Guardian.

Common Pitfalls to Avoid

When selling a property on behalf of someone else, there are a few common mistakes that could lead to complications:

• Selling Without Proper Authority – Always check your Deputyship Order to ensure you have the right to sell.
• Undervaluing the Property – It’s essential to demonstrate that you’ve secured the best possible price.
• Not Applying for Additional Permissions – In some cases, such as if there is a mortgage on the property or if the person’s Will includes specific trust conditions, you may need additional permission from the Court.

How We Can Assist You

Our experienced team regularly assist Deputies who are managing complex property sales. We offer a comprehensive range of services, including:

• Reviewing your Deputyship Order to confirm your authority
• Submitting applications to the Court of Protection when necessary
• Coordinating with estate agents and potential buyers
• Handling all conveyancing aspects with minimal disruption
• Ensuring compliance with your legal duties as Deputy

Selling a loved one’s home is never an easy task, but with the right support, you can navigate the process confidently and lawfully. If you’re acting as a Deputy and need advice about selling a property, don’t hesitate to contact our experienced team. Call 01202 527008 or complete our contact form: Contact Us AB Solicitors For Your Legal Needs

We are here to guide you every step of the way, helping you act in your loved one’s best interests while fulfilling your legal obligations.

 

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