04 August 2025
This guide provides clarity on what it means to act as a Deputy, how the role differs from that of a Trustee, and the important steps you must take when selling a property on behalf of someone else.
What Is a Deputy?
A Deputy is appointed by the Court of Protection under the Mental Capacity Act 2005 to make decisions for someone who can no longer manage their own affairs due to lack of mental capacity. Deputies are typically assigned for one of two areas:
Deputies are appointed when there is no valid Power of Attorney in place. Regardless of their responsibilities, all Deputies must act in the person’s best interests and report regularly to the Office of the Public Guardian (OPG).
Deputy vs Trustee: Understanding the Difference
While both Deputies and Trustees manage assets on behalf of others, their roles are distinct:
For example, if a grandparent sets up a trust fund for a disabled grandchild, Trustees would manage the trust. A Deputy, on the other hand, may manage the child’s everyday finances and care if the child is unable to do so themselves.
Selling Property as a Deputy: Your Key Responsibilities
Selling a property on behalf of someone who lacks mental capacity involves additional legal responsibilities and procedures. Here's a breakdown of what you need to know:
1. Confirm Your Legal Authority
Before you proceed, carefully review your Deputyship Order.
2. Get an Independent Valuation
To protect your position as Deputy and meet your legal obligations, you’ll need to secure at least one independent property valuation—preferably two. This demonstrates that the property is being sold at a fair market price and ensures that you have acted in the best interests of the person you represent.
3. Choose the Right Estate Agent and Solicitor
Selling a property under a Deputyship Order requires special consideration. It’s important to choose professionals who understand the complexities involved. Our Private Client and Conveyancing teams work closely together to ensure the sale process is handled smoothly and efficiently, reducing any potential delays or complications.
4. Keep Detailed Records
Transparency is crucial. As a Deputy, you’ll need to keep records of:
These records are important for your duty to report to the Office of the Public Guardian.
Common Pitfalls to Avoid
When selling a property on behalf of someone else, there are a few common mistakes that could lead to complications:
How We Can Assist You
Our experienced team regularly assist Deputies who are managing complex property sales. We offer a comprehensive range of services, including:
Selling a loved one’s home is never an easy task, but with the right support, you can navigate the process confidently and lawfully. If you’re acting as a Deputy and need advice about selling a property, don’t hesitate to contact our experienced team. Call 01202 527008 or complete our contact form: Contact Us AB Solicitors For Your Legal Needs
We are here to guide you every step of the way, helping you act in your loved one’s best interests while fulfilling your legal obligations.
