My mother is under continuing NHS care as a dementia patient and my sister has been appointed as deputy for the Court of Protection. My mother is co-owner of a residential property (her former home) which is now vacant since my sister, who was living there until recently, married and moved away. Our father is co-owner of the house with my mother under a 50-50 tenants in common agreement. Our parents divorced many years ago and my father remarried and resides elsewhere. My mother is single, has no other dependents or siblings and her parents died some years ago.
My father wishes to sell the house, and has expressed his desire to sell 'at any price'. The house is in a state of disrepair, has some structural issues (settlement or subsidence), and would potentially benefit from being refurbished to increase its market value. We understand that a trustee needs to be appointed by the co-owner before the house is sold. I do not know if the court order permits my sister to sell the house, but understand that if not then we have to apply to the court for permission. My current understanding is that the co-owner appoints the trustee.
I have some questions that I hope someone here can answer as I cannot find the answers I need in the CoP documents I have read.
1) At what point, if any, does the deputy have to make a decision on whether it is our mother’s best interest to sell the house?
2) Who is responsible for paying any residual bills on the property e.g gas and electric whilst is it vacant but is being regularly accessed to clear it of goods and prepared for sale?
3) What happens if the deputy and the co-owner cannot agree on the minimum selling price or indeed whether to sell the house at all?
4) If the deputy considers that it is in our mothers interest to seek a higher selling price through refurbishing the property, and that a structural engineer needs to survey the house before committing to any refurbishment, who is responsible for paying the costs of the survey, and what happens if it is a joint responsibility but one co-owner refuses to share the cost?
5) With whom does the trustee liaise /answer-to to ensure that the house is sold at the best possible price, and can the trustee or deputy block the sale if an offer is below market value but where the co-owner wishes to accept the offer?
6) If the co-owner is prepared to accept a very low price for selling the house, in principle can our mother buy-out our father at that low price if the deputy considers that keeping the house is in her best interests?
7) As potential beneficiary of my mother's estate (I do not know if she has written a will) do I have any say in the fate of the property?
8) Assuming that all parties agree to sell the house, at what point in the selling process does the deputy hand over to the trustee –e.g. before or after agreeing a selling price with a buyer?
thanks for any advice
My father wishes to sell the house, and has expressed his desire to sell 'at any price'. The house is in a state of disrepair, has some structural issues (settlement or subsidence), and would potentially benefit from being refurbished to increase its market value. We understand that a trustee needs to be appointed by the co-owner before the house is sold. I do not know if the court order permits my sister to sell the house, but understand that if not then we have to apply to the court for permission. My current understanding is that the co-owner appoints the trustee.
I have some questions that I hope someone here can answer as I cannot find the answers I need in the CoP documents I have read.
1) At what point, if any, does the deputy have to make a decision on whether it is our mother’s best interest to sell the house?
2) Who is responsible for paying any residual bills on the property e.g gas and electric whilst is it vacant but is being regularly accessed to clear it of goods and prepared for sale?
3) What happens if the deputy and the co-owner cannot agree on the minimum selling price or indeed whether to sell the house at all?
4) If the deputy considers that it is in our mothers interest to seek a higher selling price through refurbishing the property, and that a structural engineer needs to survey the house before committing to any refurbishment, who is responsible for paying the costs of the survey, and what happens if it is a joint responsibility but one co-owner refuses to share the cost?
5) With whom does the trustee liaise /answer-to to ensure that the house is sold at the best possible price, and can the trustee or deputy block the sale if an offer is below market value but where the co-owner wishes to accept the offer?
6) If the co-owner is prepared to accept a very low price for selling the house, in principle can our mother buy-out our father at that low price if the deputy considers that keeping the house is in her best interests?
7) As potential beneficiary of my mother's estate (I do not know if she has written a will) do I have any say in the fate of the property?
8) Assuming that all parties agree to sell the house, at what point in the selling process does the deputy hand over to the trustee –e.g. before or after agreeing a selling price with a buyer?
thanks for any advice
