Renting out a property as a Deputy of the Court of Protection

Gingernutty

Waaaaaaay too much detail

thatgirlsam

I'm sorry I don't have any advice I just wanted to say how lovely and refreshing it is to hear of 3 brothers working together to support their father

He has done a great job of bringing you up

I thought it would be another story of family fighting over money and property

Gingernutty

Too much detail

thatgirlsam

Gingernutty wrote: »

Oi! I'm a big sister!

The boys hated the handmedowns!

There are relatively minor disagreements but we were raised 'sensible like'.

Sorry, Middle Brother is the middle child (we're both in our forties!) not the actual middle BROTHER........

Oh sorry :rotfl:

Well, it still stands

Nice to see a family sticking together and working together to support their Dad

Hopefully someone will be along with some advice soon

shell_girl

I believe that once you're a Deputy you can actually go back to the CoP to make applications on specific issues. I'm very new at the CoP thing- I'm still dealing with the first round of forms so appreciate how daunting it can all be. I think that if (between the four of you- siblings and Dad) you can afford it then it may be worth a free half hour and then some paid for time with a solicitor who can give you some concrete advice.

I know a tiny bit which is probably more dangerous than knowing nothing at all!! So I won't advise- but I THINK you can go back over a specific issue, and I'm confident that you should get proper legal advice before doing so.

As a PS will second the above poster who commented how refreshing it is to see a thread involving family money where no one is trying to screw anyone over!

Gingernutty

Too much detail....

DVardysShadow

Deputyship_Help wrote: »

Hi Gingernutty

I'm assuming you have sorted this out already, but thought I would post a quick reply anyway for you.

Depending on the actual Deputyship Order, there might be a requirement for your little brother to request the Court's permission to rent out the flat.

However generally he is a Property & Financial Affairs Deputy, so he should be able to make all decisions with regards to these two matters.

I have been involved in both selling & renting out properties for clients where we acted as deputy. As long as you are 'acting in the best interests' of the client (which in this case it certainly looks like) there should not be a problem. By 'acting in the best interests' of the client your little brother is adhering to one of the principles of the Mental Capacity Act 2005, which he as a deputy is required to follow.

Hope that helps.

Regards
Deputyship Help

P.S. Like your sense of humour!

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