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Fit for purpose

Ask clients the right questions to ensure that the appointed attorney or deputy has the power to do everything that is required of them

27 March 2015

Last year I was appointed as panel deputy to manage the financial affairs of a husband and wife. Both had lost capacity. Their main asset is a property, which has proved to be surprisingly desirable, attracting several offers.

From a practical perspective, the orders that appointed me were not entirely helpful. Both orders contain the same restriction with regards to selling property, namely:

"The deputy must not sell, charge or otherwise dispose of any freehold or leasehold property which [Mr/Mrs] owns jointly without obtaining a further order from the court replacing him/her as trustee of the property."

I am currently in the process of obtaining the relevant order and getting new trustees appointed to act alongside me in the sale, but this issue of what happens when trustees lose capacity can be...

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