# Property Sale Evidence Checklist | Nellie Supports Source: https://www.nelliesupports.com/guides/court-of-protection-property-sale-evidence-checklist-for-deputies-and-attorneys Canonical: https://www.nelliesupports.com/guides/court-of-protection-property-sale-evidence-checklist-for-deputies-and-attorneys Written by: Ben Slater Source review by: Kerry Slater Source review recorded: 2026-09-09 # Court of Protection property sale evidence checklist for deputies and attorneys Before selling for someone else, check the authority to act, the person’s capacity for the sale, best interests where required, title and trustee arrangements, valuation and conflicts. Where the court gives directions about residence or liberty, include the evidence that those directions actually require. ## Author and Publication Author: Nellie Supports Ltd Publication Date: 15/05/2026 ​ ## Citation Department for Constitutional Affairs (2007) Mental Capacity Act 2005: Code of Practice. London: The Stationery Office. ## Copyright Copyright © 2026 Nellie Supports Ltd. All rights reserved. ​ This article is made available for general information, education and professional reference. It may be downloaded, printed and shared for non-commercial purposes, provided that it is reproduced in full, is not altered in any way, and is properly cited as the work of Nellie Supports Ltd. This material must not be edited, adapted, sold, republished, incorporated into commercial products, or used for commercial training, assessment, report-writing or advisory services without prior written permission from Nellie Supports Ltd. ​ This article does not constitute legal advice, clinical advice or a substitute for a decision-specific professional assessment. Where legislation, government guidance, court forms or external professional materials are referred to, those materials remain subject to their own copyright, licensing and re-use terms. ## Abstract Before selling for someone else, check the authority to act, the person’s capacity for the sale, best interests where required, title and trustee arrangements, valuation and conflicts. Where the court gives directions about residence or liberty, include the evidence that those directions actually require. This guide covers the relevant evidence, support, process and limits in England and Wales. ## What is on this page - [Contact](https://www.nelliesupports.com/guides/court-of-protection-property-sale-evidence-checklist-for-deputies-and-attorneys) - [Overview](https://www.nelliesupports.com/guides/court-of-protection-property-sale-evidence-checklist-for-deputies-and-attorneys) - [Frequently Asked Questions](https://www.nelliesupports.com/guides/court-of-protection-property-sale-evidence-checklist-for-deputies-and-attorneys) - [Related Pages](https://www.nelliesupports.com/guides/court-of-protection-property-sale-evidence-checklist-for-deputies-and-attorneys) Before selling for someone else, check the authority to act, the person’s capacity for the sale, best interests where required, title and trustee arrangements, valuation and conflicts. Where the court gives directions about residence or liberty, include the evidence that those directions actually require. ## How to use this checklist Use this checklist to plan a lawful, evidenced transaction. The documents needed depend on the ownership, powers held, capacity question and any order. Identify gaps early and obtain advice rather than treating the list as a guarantee that every requirement has been met. ## Authority: the instrument or order Read the registered property and financial affairs LPA or deputyship order, including restrictions and any need for further authority. Check legal ownership, beneficial interests, trustee arrangements and any conflict. Where the proposed transaction falls outside the powers held, obtain the appropriate authority before committing to it. ## Capacity: the decision-specific assessment Record capacity for this sale at the relevant time, with practicable support. The evidence must address the real transaction and any inability caused by impairment. A specialist independent assessment may be needed where there is genuine doubt or a direction; an existing assessment or GP’s evidence should be evaluated for its content rather than dismissed by its label. ## Best interests: the reasoning and the person's voice If the person cannot decide, record the section 4 best-interests reasoning: participation, wishes and feelings, beliefs and values, relevant consultation, realistic alternatives and foreseeable consequences. Consider whether sale is needed and whether a less restrictive course could achieve the purpose. Do not assume sale is justified simply because care fees are due. ## The transaction file: value and terms Keep suitable valuation, marketing, offer and conveyancing evidence, with reasons for material decisions. Explain a connected-party transaction or price below expectations and seek advice on conflicts and any required court permission. ## Residence and liberty evidence where relevant A sale may affect whether the person can return home. Consider residence and care evidence separately from capacity to sell. If the court directs Article 5 evidence, answer the actual order using current law after AGNI. Restrictions, medication, the person’s understanding, wishes and objections may be relevant; neither a fixed six-month review nor a particular report package is a universal rule. ## Completion and the proceeds trail Keep a completion statement and clear records showing where the person’s proceeds went and how they were used. Deputies and attorneys must act within their authority, keep appropriate accounts and avoid unauthorised gifts or self-benefit. Obtain advice if money is held on trust or belongs to more than one person. ## Retain the relevant records Keep the authority, capacity and best-interests evidence, valuation and transaction documents and money trail securely, following applicable legal and professional retention duties. Record significant objections and their resolution. Do not use a “keep forever” rule without considering data and record-management obligations. ## Key takeaway The file should show lawful authority, decision-specific capacity evidence, best interests where required, proper title and trustee arrangements, valuation, conflicts and an accountable money trail. Add any evidence directed by the court. Completion does not prevent later scrutiny. ## Frequently asked questions ### Does a diagnosis automatically mean someone lacks capacity? No. A diagnosis does not establish lack of capacity. For a decision under the Mental Capacity Act, consider the relevant information and practicable support, then assess understanding, retention, use or weighing and communication by any means. Any inability must be caused by an impairment of, or disturbance in the functioning of, the mind or brain. Will-making has its own legal test. ### What evidence is useful for Court of Protection Property Sale Evidence? The authority document and its terms, a decision-specific capacity assessment for this sale, a best interests record including the person's wishes and feelings, valuation evidence and the conveyancing file. Each answers a different challenge, and the file needs all of them. ### When is a formal assessment for Court of Protection Property Sale Evidence useful? Consider capacity and authority early enough to resolve genuine doubt before committing to the sale. Revisit evidence where the decision, terms or person’s circumstances materially change; there is no universal rule requiring a new independent report at each transaction stage. ## Related mental capacity assessment pages The related guides below provide further explanation of the decisions, evidence and legal processes discussed here. ### Court of Protection Property Sale Evidence ### Deputy attorney and trustee evidence duties in Court of Protection property sale cases ### Evidence needed for a property capacity report ### Read guide ## Practical next steps Read the authority document with the conveyancer before committing to a sale. Gather decision-specific capacity and best-interests evidence as required, check title and valuation, and follow the actual court order where additional evidence is directed. ## Primary sources and official guidance [Mental Capacity Act 2005](https://www.legislation.gov.uk/ukpga/2005/9/contents) [Mental Capacity Act Code of Practice](https://www.gov.uk/government/publications/mental-capacity-act-code-of-practice) ## Related information - [Mental Capacity Assessment to Revoke a Lasting Power of Attorney](https://www.nelliesupports.com/lasting-power-of-attorney-services/revoke-lpa) - [NHS Continuing Healthcare Support](https://www.nelliesupports.com/services/continuing-healthcare) - [CHC Appeal Application: Drafting and Submission](https://www.nelliesupports.com/services/continuing-healthcare/chc-appeal-application) --- Nellie Supports Ltd · 0333 987 5118 · nellie@nelliesupports.com Office 11 and 12, Unit 20, Springfield Business Park, Grantham, NG31 7FZ