Deputyship - ability to purchase property?

[ds123]

Does anybody know if with Deputyship in place for property and financials, is it possible to both sell and buy property on behalf of the individual?

Our father is in a care home (whom we are awaiting confirmation of deputyship for) and we are looking to support our mother in downsizing and relocating so she can be nearer to him. In order to prevent 50% of any sale being absorbed by the care home fees, we would need to purchase any new home in both their names.

Has anyone come across any such similar situation please? Thanks in advance.

 

[prittlewell]

My understanding is that if you buy and sell for the same figure, and the new property was in both names, it would not be an issue.

If you bought a cheaper property, then any surplus cash left would be deemed to belong to both of your parents 50/50, and your Fathers half could be used for home fees. So it may be better to buy a property of the same value, perhaps smaller, but in a better location, near to where your Mum wants to live.

 

[ds123]

My understanding is that if you buy and sell for the same figure, and the new property was in both names, it would not be an issue.

If you bought a cheaper property, then any surplus cash left would be deemed to belong to both of your parents 50/50, and your Fathers half could be used for home fees. So it may be better to buy a property of the same value, perhaps smaller, but in a better location, near to where your Mum wants to live.

Thank you, yes this is a similar understanding I have. Do you happen to know though if deputyship permits buying of a property in the individuals name?

 

[prittlewell]

No sorry I don’t. The Court of Protection have a helpline who I always found extremely helpful.

 

[canary]

Thank you, yes this is a similar understanding I have. Do you happen to know though if deputyship permits buying of a property in the individuals name?

Unless you have specifically requested this in your application, then the answer is . unfortunately - no. It is not the default position.
You can look at your certificate from the Court of Protection which will specify what you are allowed to do. When I applied for mum I requested the authority to sell her property, but not purchase another one and this was reflected in the wording on the certificate,

If you have not yet applied for deputyship, then make sure that you request in your application for the authority to both sell existing property and purchase another one

 

[PaulKB]

I requested authority to sell my mothers house when I applied to become deputy. When I received the court order it said I could not sell the property unless I provided evidence she had moved permanently into a care home (fair enough). But also there was a clause preventing me from purchasing any freehold or leasehold property on my mother's behalf without obtaining further authority from the court. So yes make sure you ask for what you want in the original application, but you might still have further steps to take to satisfy the Court.