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Potential pitfalls
If P owns a property, there are a number of additional factors to consider and matters that may arise throughout the management of the deputyship.
Set out below are some important considerations for when managing property under a deputyship:
The court will usually include a restriction on the buying and selling of any property owned by P within the standard Order.
if p lives in property
Check how the property is owned and if there is any liability to pay services charges/ground rent. You must ensure that appropriate insurance is in place for buildings and contents. In light of the increase in the cost of materials, the rebuild cost of properties has sky rocketed. Ensure you check the rebuild value included within the policy and if you are unsure, then there are companies and websites that can assist you in obtaining this value. All utilities should be registered and set up via Direct Debit if possible. Council tax should be paid, unless P is eligible for a remission/exemption, in which case, this should be applied for. There are usually exemptions for those with certain health conditions, eligibility for this can be found under (what we believe to be) the inappropriately named ‘Severely mentally impaired’ discount section on the relevant Local Authority website. Ensuring the property is appropriate and safe for P to reside in will usually fall under the remit of health and welfare, though you may be required to purchase certain medical items and equipment to assists P to remain living at home. Seek assistance from adult social services if you think an assessment is needed for P and if these items are required. If you fail to get a response or action right away, keep pushing!!!
if the property is empty
Specialist insurance should be put in place for an unoccupied property, this may require regular visits to the property to check it is secure. It may be necessary to change the locks on the property if you believe there may be a security risk. The utilities should also be set up via Direct Debit and an exemption for council tax can be applied for on the basis that the property is unoccupied. Consideration should then be given as to what to do with the property; should it be rented, sold or is there a chance P will return to the property. Matters such as clearance of the property may need to be considered. If you wish to seek sale of the property, remember to check your order to see if an application for authority to do so will need to be made to the court first.
if the property is rented
Ensure that you have details as to the management of the property; for example, if an estate agent is contracted to manage the property in full or just renewal of the contract. Make sure any agent is notified of the order and that basic details such as the tenancy and rental statements are received. Have the necessary gas safety and EPC checks been completed? You will also need to consider specialist Landlords Insurance for the property as well as whether a tax return is required in light of the rental income.
Registering deputy interest
The deputyship will need to be registered as a restriction on the title deed at the Land Registry to ensure that a sale cannot be completed without the Court’s authority. You may need to seek specialist advise in order to complete this.
further information
If you would like further information or advice about the topic discussed in this blog, please contact Lauren Eyre in the Court of Protection team.
about the author
Lauren deals with the management of deputyships, with a focus on clients diagnosed with dementia and those that have suffered medical negligence resulting in serious brain injuries and long term impairments.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
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