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Applying for deputyship

Dodp

New member
Sep 25, 2020
1
Hi I wonder if anyone who has applied for deputyship is able to answer this question...
On the COP forms it says If property is held in joint names the deputy when appointed will not have the legal authority to deal with its sale..,
My dad is in a care home with dementia, my mum lives in their home which they are tenants in common.
both me & mum are applying for deputyship but does that really mean if dad passes away neither me nor mum can sell the property & what if mum dies and dad has no mental capacity , can I not sell the property? If my husband were to be acting deputy could I then sell the property?
thankyou.
 

Bod

Registered User
Aug 30, 2013
1,338
When Dad dies the Deputyship ends. The house then can be sold or kept.
If Mum dies first, then there is a mechanism to allow the house to be sold, his part will go to his account, her as per her Will.
I believe there is a question on the Deputyship form that asks if you want the ability to sell property. Best to say yes.

Bod.
 

nitram

Registered User
Apr 6, 2011
21,068
North Manchester
You have to ask for permission to sell in the application for deputy.
With joint ownership each owner holds the property in trust, if one owner dies a trustee has to be appointed to replace that person.
Just a legal formality,

If joint tenants on death of an owner the property passes to the surviving owners outside of any will.
 
Last edited:

canary

Registered User
Feb 25, 2014
13,691
South coast
You might find this helpful - scroll down to find the bit about selling if one of the owners has lost capacity.

I gather that you can request permission to appoint someone to act on behalf of your dad, in the original application to the Court of Protection - as well as asking for the authority to sell the house, so make sure you do both in your application and have all the necessary additional forms to go with it.