Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Deputy definition

What does Deputy mean? Someone appointed by a court to make decisions for an adult who lacks capacity. In England and Wales, a deputy is appointed by the Court of Protection under the Mental Capacity Act 2005 (MCA 2005). Deputies usually manage property and financial affairs; health and welfare deputies are rarer and authorised where necessary. A deputy must act in the person’s best interests, within the scope of the order, follow the MCA 2005 and its code of practice, keep proper accounts, report to the Office of the Public Guardian. Appointment is typically considered where there is no valid lasting power of...

Property transactions for persons lacking capacity: deputies’ powers on sales, purchases, ASTs, co-ownership, trustee issues, joint tenancy severance, and Court of Protection/OPG requirements (England and Wales)

Published by a LexisNexis Private Client expert

Practice notes

$imgtext$

Selling, buying and leasing property for P

A deputy may undertake a broad range of property transactions on P’s behalf, according to P’s situation. This might involve selling a home that no longer meets P’s needs, purchasing a replacement property, or arranging rented accommodation for P, which is often used as an interim step while a longer-term housing solution is identified for P and their family. Standard 6 of the 2023 Deputy Standards Policy, issued by the Office of the Public Guardian (OPG), concerns property management and makes clear that a deputy must deal with P’s property in accordance with the deputyship order and always in P’s best interests. Further detailed direction on managing property appears in the 2023 Deputy Standards: Guidance for Professional Deputies, also produced by the OPG. Standard 6 sets out best practice in relation to P’s property affairs.

Sale of property

As P’s care requirements change, a property may become inappropriate. In these circumstances, the unsuitable property may need to be sold to help fund the purchase of alternative, more suitable, accommodation for P. This can arise where P is elderly and residential accommodation...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...