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Navigating the path of trustee applications
The law prevents the automatic delegation of trustee powers to deputies, so, where an individual who lacks capacity is the co-owner of property (and therefore a trustee of land) a replacement trustee is needed. This can only be done through an application to the Court of Protection.
A trustee application is most commonly needed where an individual who co-owns property loses mental capacity to manage their financial affairs. The owning of property with someone else automatically creates a trust of land, with each owner becoming a trustee. The law states that a minimum of two trustees are required to provide valid receipt for the sale of property. As incapacity would mean an owner was unable to act as a trustee, the Court of Protection is needed to authorise an individual to act as trustee in the incapacitated owner’s place.
When seeking the Court’s authority to purchase or sell property on behalf of an individual who lacks capacity, certain procedures and considerations must be addressed. The application for a trustee appointment which is required for the sale of property has a number of proforma documents which need to be navigated carefully.
Increasingly, deputyship orders do not provide blanket authority to purchase properties and further authority must be obtained. Again, proforma documents need to be completed but more needs to be done to show why the purchase of property is in the best interests of the individual, together with detailing affordability and security in favour of the vulnerable individual and how the property meets, or could meet, the physical needs of the individual. The Price Slater Gawne Court of Protection team has vast experience in purchasing and adapting property for clients with a wide range of physical needs, and properly presenting this information within an application to the Court, which is crucial for the application to be successful.
At Price Slater Gawne, our specialist team offers a wide range of services relating to the Court of Protection, designed to provide you with the legal advice and support you need to help a loved one when they need it most. Our commitment to building personal relationships with you and your loved ones ensures that handling these vital matters is met with the utmost compassion and expertise. We take pride in our person-centered approach, tailored to meet the unique needs of each client and their family, and have been recognised for our excellence in this regard. Let us be your trusted partners in securing the future and welfare of your loved ones.
If you would like to speak to a member of our Court of Protection team regarding trustee applications, please get in touch today on 03333 058375 or by email to email@example.com
Partner, Court of Protection & Wealth Protection
Partner, Court of Protection
Associate, Court of Protection
Solicitor, Court of Protection
Administrator, Court of Protection
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