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Court of Protection Property Sale Evidence
COP3 capacity assessments, care assessment and best interests evidence for selling a property when someone is in long-term care
Nellie Supports provides specialist Court of Protection property sale evidence for deputies, attorneys, solicitors and families across England and Wales.
Following the Supreme Court judgment in A Reference by the Attorney General for Northern Ireland, [2026] UKSC 16, the legal landscape around deprivation of liberty, consent and restrictive care arrangements has changed significantly. The judgment was given on 2 June 2026 and directly considered whether people aged 16 and over who lack capacity to make decisions about care and treatment can give valid consent to confinement through their wishes and feelings.
This matters in property sale cases because evidence that someone is living in a care home, or is subject to restrictive care arrangements, is not the same as evidence that their property should be sold.
Nellie Supports provides decision-specific COP3 mental capacity assessments, capacity for residency assessments, capacity to sell or transfer property assessments, independent care assessments, care planning evidence and best interests analysis. Our evidence helps deputies, attorneys, solicitors and families consider whether the person can make the relevant decisions themselves and, if not, whether selling the property is necessary, proportionate and in their best interests.
Nellie Supports is England and Wales’ largest specialist mental capacity assessment provider and specialist private social work practice. Our assessments and reports are delivered by a permanent full-time multidisciplinary team, not an ad hoc associate, contractor or referral-panel model. We have completed thousands of formal assessments and reports, including Court of Protection, deputyship, residence, care, property and best interests related work.
Our service is decision-specific, evidence-led and structured around the Mental Capacity Act 2005. It is prepared for deputies, attorneys, solicitors, families, local authorities, care providers and professional referrers where clear evidence is required.
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What is Court of Protection property sale evidence?
Court of Protection property sale evidence is professional evidence used to help support a decision about whether a person’s property should be sold when they may lack capacity to make that decision themselves.
This type of evidence may be needed where a person is living in a care home, nursing home, supported living placement or other long-term care arrangement, and a deputy, attorney or family member believes their property may need to be sold.
The evidence may need to address several connected questions, including:
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whether the person has capacity to decide where they live
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whether the person has capacity to decide whether to sell, transfer or otherwise deal with their property
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whether their care needs can realistically be met somewhere else
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whether returning home has been properly considered
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whether long-term care is necessary
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whether selling the property is in the person’s best interests
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whether the proposed decision is proportionate and least restrictive
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whether the person’s wishes, feelings, beliefs and values have been properly considered
This is important because selling someone’s home is not just a financial transaction. For many people, their home is connected to identity, family life, history, independence and future choices.
A clear evidence bundle can help deputies, attorneys, solicitors and the Court of Protection understand the practical, welfare and capacity issues behind the proposed sale.
Why the Supreme Court judgement matters for property sale evidence
The Supreme Court judgment in A Reference by the Attorney General for Northern Ireland, [2026] UKSC 16 considered deprivation of liberty, consent and the legal effect of a person’s wishes and feelings where they lack capacity to make decisions about care and treatment. The UK Supreme Court case page confirms that the issue concerned whether the Northern Ireland Minister of Health could revise the deprivation of liberty code so that people aged 16 and over who lack capacity to make care and treatment decisions could give valid consent to confinement through their wishes and feelings.
For deputies, attorneys and solicitors dealing with property sale decisions, the practical issue is evidential.
A deprivation of liberty authorisation may help explain that the person is living under restrictive care arrangements, but it does not automatically answer the separate questions of capacity, long-term residence, care need, best interests or whether selling the person’s home is necessary and proportionate.
A Deprivation of Liberty Safeguards authorisation, often referred to as DoLS, may evidence that a person is living under restrictive care arrangements in a hospital or care home.
However, a DoLS authorisation does not automatically prove that a person’s property should be sold.
It does not, by itself, show that:
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the person lacks capacity to decide where they live
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the person lacks capacity to decide whether their property should be sold
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the person’s care needs cannot be met at home
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a return home has been properly considered
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a home-care package is unrealistic
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all less restrictive options have been explored
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selling the property is necessary
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selling the property is in the person’s best interests
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the person’s wishes and feelings have been properly weighed
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stakeholders have been consulted
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the proposed decision is proportionate
For property sale cases, the practical point is clear: evidence that someone is subject to restrictive care arrangements is not the same as evidence that their home should be sold.
A stronger evidence base may be needed.
What our Court of Protection property sale evidence service can include
Every Court of Protection property sale evidence case is scoped around the actual decision that needs to be made, but the service is designed as a complete evidence bundle rather than a single standalone assessment.
Where a deputy, attorney, solicitor or family member is considering the sale of a person’s property because they are living in long-term care, the evidence usually needs to address more than one question. It is not enough to show that the person is in a care home, or that a DoLS authorisation has been granted. The evidence should explain capacity, care needs, realistic care options, stakeholder views and why the proposed course of action is considered necessary and proportionate.
Nellie Supports’ Court of Protection property sale evidence service includes:
Mental capacity assessment for residency
We assess whether the person has capacity to decide where they live.
This considers whether the person can understand, retain, use or weigh information about their current accommodation, proposed long-term placement, care and support arrangements, risks, restrictions, alternatives and the likely consequences of accepting or refusing a particular living arrangement.
For more information, see our capacity for residency assessment service.
Mental capacity assessment for property sale
We assess whether the person has capacity to decide whether their property should be sold, transferred or otherwise dealt with.
This considers whether the person can understand, retain, use or weigh information about the property, what selling it means, why the sale is being considered, what may happen if it is sold, what may happen if it is not sold, how the proceeds may be used, and how the decision may affect their future options.
For more information, see our capacity to sell or transfer property assessment service.
Independent social care assessment
We complete an independent care assessment to evidence the person’s care and support needs.
This can include consideration of personal care, mobility, cognition, communication, supervision, medication, nutrition, continence, night-time needs, risks, safeguarding issues, current placement arrangements and the level of support required to keep the person safe.
The purpose is to provide clear evidence of the person’s care needs, rather than relying only on the fact that they are currently living in a care home.
Care plan and care options evidence
We prepare a care plan and care options analysis to show how the person’s needs are currently being met and whether they could realistically be met in another way.
This may consider whether the person could return home with a package of care, whether live-in care is realistic, whether adaptations or equipment would be needed, whether supported living is an option, whether family support is available, and whether the current care home or long-term placement remains the most realistic option.
The aim is to evidence the practical reality, not to create artificial options that are not safe, available or sustainable.
Best interests checklist and stakeholder views
We complete a structured best interests checklist that records the relevant views and evidence from stakeholders.
This may include the person’s own wishes and feelings, family members, attorneys, deputies, solicitors, care home staff, social workers, health professionals, advocates or others involved in the person’s care, welfare or property affairs.
The checklist helps evidence the person’s past and present wishes and feelings, beliefs and values, relationships, risks, available options and whether less restrictive alternatives have been considered.
CPR35-compliant summary report
We bring the evidence together into a CPR35-compliant summary report, where required.
The summary report is designed to explain the overall evidence clearly and professionally, including the capacity assessment outcomes, care assessment findings, care plan, options analysis, best interests checklist, stakeholder views and the reasoning behind the professional conclusions.
This report is intended to support solicitors, deputies, attorneys and the Court of Protection by presenting the evidence in a structured, transparent and court-focused format.
No provider can guarantee how the Court of Protection, a local authority, public body or any other decision-maker will treat an individual report. Nellie Supports provides clear, independent, evidence-led professional opinion within the scope of the instruction.
Court of Protection Property Sale Evidence Fees and Timescales
Capacity And Property Evidence
Including additional COP3 Finances
Travel time, where applicable
£2500.00
£3000.00
£50.00 per hour
5 to 10 Working Days
Please note that VAT and travel charges are not included in the prices shown. If timing is important, please let us know at the enquiry stage and we will advise on the earliest available appointment and quickest turnaround.
Why people choose Nellie Supports for residency capacity assessments
Choosing the right professional evidence matters when a person’s home may be sold.
These decisions are rarely just financial. They can involve capacity, long-term care, deprivation of liberty, family disagreement, care funding, safeguarding, wishes and feelings, and whether the person could realistically return home.
At Nellie Supports, our service is designed as a complete Court of Protection property sale evidence bundle, not just a single assessment. We bring together mental capacity evidence, care needs evidence, care planning, stakeholder consultation and best interests analysis into one structured evidential picture.
Our property sale evidence bundle can include:
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a capacity for residency assessment to consider whether the person can decide where they live
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a capacity to sell or transfer property assessment to consider whether the person can decide whether their property should be sold
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an independent social work care assessment to evidence the person’s care and support needs
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a care plan and care options analysis to evidence how those needs are currently being met and whether alternative arrangements appear realistic
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a best interests checklist recording the person’s wishes and feelings, stakeholder views, risks, options and less restrictive alternatives
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a CPR35-compliant summary report bringing the evidence together for solicitors, deputies, attorneys and Court of Protection use
Our assessments are delivered by permanent full-time members of the Nellie Supports team, not ad hoc associates or referral-panel professionals. Every capacity assessment is structured around the Mental Capacity Act 2005 and the person’s ability to understand, retain, use or weigh the relevant information and communicate their decision.
We take a calm, therapeutic and person-centred approach to assessment conversations. Every report is reviewed before issue for quality, clarity and consistency, and our work is supported by the Nellie Standard™ and Professional Standards framework.
Whether the issue is a proposed care home stay, long-term residence, property sale, deputyship authority, attorney decision-making, family disagreement or a Court of Protection application, our role is to make the evidence clear, structured and dependable.
No provider can guarantee how the Court of Protection, a local authority, public body or other decision-maker will treat an individual report. Nellie Supports provides clear, independent, evidence-led professional opinion within the scope of the instruction.
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What makes Court of Protection property sale evidence robust?
Robust Court of Protection property sale evidence should help a solicitor, deputy, attorney, family member, professional decision-maker or the Court of Protection understand the evidence behind the proposed property sale.
It should not rely only on a broad statement that the person is “in care”, that a DoLS authorisation is in place, or that the person is “unable to return home”.
A strong evidence bundle should usually explain:
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what decisions need to be made
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whether the person has capacity to decide where they live
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whether the person has capacity to decide whether their property should be sold
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what property is being considered for sale
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why the sale is being considered
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what care arrangement the person is currently living in
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what care and support needs the person has
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whether those needs can realistically be met at home or in another setting
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whether returning home has been properly considered
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what risks, restrictions and safeguarding issues are relevant
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what the person says or appears to feel about their home, care and property
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what family members, deputies, attorneys, professionals and other stakeholders say
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what less restrictive options have been considered
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whether the proposed property sale appears necessary and proportionate
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how the evidence supports the final professional opinion
Nellie Supports brings this evidence together through decision-specific mental capacity assessments, an independent social work care assessment, care planning evidence, stakeholder consultation, best interests analysis and a CPR35-compliant summary report where required.
Our role is to provide clear, structured and evidence-led professional opinion. We do not make the final legal decision, and no provider can guarantee how the Court of Protection, a local authority, public body or other decision-maker will treat an individual report.
Documents and information to prepare
To complete a residency capacity assessment properly, it helps to gather the relevant background information before the appointment.
This may include:
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the specific residence decision that needs to be assessed
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the person’s current address and living arrangements
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the proposed accommodation or placement being considered
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details of any alternative living arrangements
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information about the person’s care and support needs
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care plans, support plans or placement information
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hospital discharge summaries, where relevant
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local authority assessments, safeguarding records or best interests meeting notes, where available
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relevant medical records, diagnoses or GP information
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details of any known cognitive impairment, dementia, brain injury, learning disability, mental health condition or fluctuating presentation
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previous mental capacity assessments
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any Court of Protection paperwork, if proceedings are involved
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details of attorneys, deputies, solicitors, local authority professionals or key family members involved
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information about family disagreement, safeguarding concerns, pressure or undue influence, where relevant
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details of communication needs, interpreters, advocates or adjustments that may help the person engage
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information about the person’s wishes, feelings, beliefs and previously expressed views about where they live
The clearer the residence decision is at the start, the easier it is to make sure the assessment is properly focused.
For example, the assessment may need to consider whether the person can decide to remain at home, return home from hospital, move into a care home, move into supported living, or choose between two or more possible living arrangements.
Where the issue may involve Court of Protection proceedings, deputyship or formal professional evidence, please provide any relevant instructions, application details or documents before the appointment wherever possible.
For wider decision-specific assessments, see our Mental Capacity Assessments and COP3 Mental Capacity Assessment pages.
Documents and information to prepare
To complete a Court of Protection property sale evidence bundle properly, it helps to gather the relevant background information before the work begins.
This may include:
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the specific decisions that need to be assessed
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the person’s current address and living arrangements
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details of the property being considered for sale
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whether the person owns the property solely or jointly
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the deputyship order, if there is one
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the lasting power of attorney document, if there is one
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any Court of Protection application, order or directions
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solicitor instructions, where applicable
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information about why the property sale is being considered
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information about care fees, funding pressures or financial need, where relevant
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care home records or placement information
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current care plans or support plans
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local authority assessments
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NHS or hospital discharge information, where relevant
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DoLS paperwork, where relevant
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safeguarding records, where relevant
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previous mental capacity assessments
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medical information, diagnoses or GP records
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details of dementia, brain injury, learning disability, autism, mental health condition or fluctuating presentation
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financial information relevant to the property decision
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details of attorneys, deputies, solicitors, local authority professionals or family members involved
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information about family disagreement, pressure, conflict or safeguarding concerns
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details of communication needs, interpreters, advocates or adjustments that may help the person engage
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information about the person’s wishes, feelings, beliefs and previously expressed views about their home, care and property
The clearer the information is at the start, the easier it is to make sure the evidence bundle is properly focused.
For example, the instruction may need to consider:
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whether the person can decide where they live
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whether the person can decide whether to sell their home
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whether the person understands the consequences of selling or not selling
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whether the person’s care needs can be met at home
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whether a long-term care placement is likely to continue
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whether selling the property is in the person’s best interests
Where the issue may involve Court of Protection proceedings, deputyship or formal professional evidence, please provide any relevant instructions, application details or documents before the appointment wherever possible.
For wider decision-specific assessments, see our Mental Capacity Assessments, COP3 Mental Capacity Assessment, Capacity for Residency and Capacity to Sell or Transfer Property pages.
Who this service is for
Deputies and attorneys
This service is for deputies and attorneys who need clear evidence before selling a person’s property where the person is living in long-term care.
It can help evidence whether the person has capacity to decide where they live, whether they have capacity to decide whether their property should be sold, and whether the proposed sale is supported by care needs, care planning, stakeholder views and best interests evidence. Where authority is unclear, deputies and attorneys should seek legal advice before proceeding.
Solicitors and professional referrers
This service is for solicitors, professional deputies, local authorities, case managers and other professional referrers who need structured evidence for a Court of Protection property sale application or related decision-making process.
Nellie Supports can provide decision-specific COP3 mental capacity assessments, care assessment evidence, care planning, best interests analysis and a CPR35-compliant summary report to bring the evidence together in a clear and court-focused format.
Families and relatives
This service is for families who are worried about whether a relative’s home should be sold after they have moved into a care home, nursing home or other long-term placement. It may be helpful where there is disagreement about whether the person could return home, whether their care needs can be met elsewhere, whether a property sale is necessary, or whether the decision is in the person’s best interests. The evidence can help families, deputies, attorneys and professionals understand the capacity, care and best interests issues more clearly.
When you may need Court of Protection property sale evidence
A person has moved into long-term care
Court of Protection property sale evidence may be needed where a person has moved into a care home, nursing home, supported living placement or other long-term care arrangement, and their former home is being considered for sale.
The evidence should not simply assume that the property should be sold because the person is in care. It should consider whether the person can decide where they live, whether they can decide whether to sell the property, what care needs they have, whether a return home is realistic, and whether selling the property is necessary and proportionate.
The person says they want to go home
If the person says they want to go home, that should be taken seriously.
The evidence may need to consider whether the person understands what returning home would involve, what support they would need, what risks exist, what alternatives are available and what may happen if their property is sold. The person’s wishes and feelings remain important even if they lack capacity to make the final decision.
There is disagreement, risk or uncertainty
Property sale decisions can create disagreement between family members, deputies, attorneys and professionals.
Some people may feel the sale is necessary to fund care. Others may feel the person could return home, that alternatives have not been properly explored, or that the property should be preserved. A structured evidence bundle can help clarify capacity, care needs, care options, stakeholder views and best interests evidence for deputies, attorneys, solicitors or the Court of Protection.
What the evidence needs to address
Capacity for residency
The evidence should address whether the person can make the specific decision about where they live.
This is not the same as asking whether the person is happy in a care home or whether others think the placement is safest. A capacity for residency assessment considers whether the person can understand, retain, use or weigh relevant information about their current accommodation, proposed living arrangements, care and support needs, risks, restrictions, alternatives and likely consequences.
Capacity to sell the property
The evidence should address whether the person can make the specific decision about selling their property.
This includes whether they can understand what property they own, what selling the property means, why the sale is being considered, what may happen if it is sold, what may happen if it is not sold, how the proceeds may be used, and how the decision may affect their future options. This can be addressed through a capacity to sell or transfer property assessment.
Care needs and best interests evidence
The evidence should also address the person’s care and support needs, how those needs are currently being met, and whether realistic alternatives have been considered.
This is where the independent care assessment, care plan, best interests checklist, stakeholder views and CPR35-compliant summary report become important. They help show whether a long-term care arrangement is necessary, whether returning home is realistic, what less restrictive options have been considered, and whether selling the property appears necessary, proportionate and in the person’s best interests.
Why a DoLS authorisation is not enough on its own
DoLS evidence has a limited purpose
A Deprivation of Liberty Safeguards authorisation may evidence that a person is subject to restrictive care arrangements in a hospital or care home.
It may help explain supervision, control, restrictions and whether the person is free to leave. However, it does not automatically evidence that the person’s former home should be sold, that long-term care is the only realistic option, or that all alternatives have been properly considered.
The Supreme Court judgment makes the evidence question more important
Following the Supreme Court judgment in A Reference by the Attorney General for Northern Ireland, [2026] UKSC 16, decision-makers need to be especially careful not to treat deprivation of liberty evidence as a substitute for broader capacity, care and best interests evidence.
For property sale decisions, the key issue is not simply whether the person is deprived of their liberty. The key issue is whether the person can make the relevant decisions and, if they cannot, whether selling their property is necessary, proportionate and in their best interests.
Property sale evidence needs a wider assessment
Selling a person’s home usually requires a wider evidential picture.
That means looking at the person’s capacity for residency, capacity to sell their property, care needs, realistic care options, stakeholder views, wishes and feelings, and whether less restrictive alternatives have been considered.
A DoLS authorisation may be part of the background evidence, but it should not be the whole evidential basis for selling someone’s home.
Capacity for residency and capacity to sell property are different decisions
Capacity is decision-specific
Mental capacity is not assessed in general terms. A person may have capacity to make some decisions, but not others.
In Court of Protection property sale evidence, it is important to separate the decision about where the person lives from the decision about whether their property should be sold. These decisions may be connected, but they are not the same.
For wider decision-specific assessment services, see our Mental Capacity Assessments page.
The person may understand one decision but not the other
A person may understand that they are living in a care home, but not understand the legal, financial and practical consequences of selling their property.
They may also understand that they own a home, but not understand whether their care needs can realistically be met there, what support would be required, or what risks may arise if they returned home.
This is why each decision should be assessed separately, using the relevant information for that specific decision.
Separate assessments create clearer evidence
A strong evidence bundle should identify each decision clearly, apply the Mental Capacity Act 2005 test to each decision, and explain the reasoning for each conclusion.
For this service, the evidence will usually include a capacity for residency assessment and a capacity to sell or transfer property assessment, supported by care assessment evidence, care planning, stakeholder views, best interests analysis and a CPR35-compliant summary report.
How the final summary report brings the evidence together
One structured evidential picture
The final CPR35-compliant summary report brings the evidence together into one clear, structured document.
It is designed to help solicitors, deputies, attorneys and the Court of Protection understand how the separate parts of the evidence connect, including capacity for residency, capacity to sell property, care needs, care options, stakeholder views and best interests analysis.
Evidence, reasoning and limitations
The report should explain what evidence has been reviewed, what assessments have been completed, what information came from the person, what information came from records or stakeholders, and how the professional conclusions have been reached.
It should also make clear any limitations, such as missing records, unresolved factual disputes, limited engagement from stakeholders, fluctuating presentation, urgency, or areas where legal advice may be required.
Clear conclusions for decision-makers
The purpose of the summary report is not to make the final legal decision. Its purpose is to present the evidence clearly so that the relevant decision-maker can understand the professional reasoning.
Where the person lacks capacity, the report can help show whether the proposed property sale appears necessary, proportionate and consistent with the person’s best interests, while recognising that no provider can guarantee how a court, public body or other decision-maker will treat an individual report.
Our Therapeutic Assessment Approach to Court of Protection Property Sale Evidence
This reflects two core principles of the Mental Capacity Act 2005: Principle 1, that a person must be assumed to have capacity unless it is established that they lack it; and Principle 2, that a person is not to be treated as unable to make a decision unless all practicable steps have been taken to help them do so without success.
In Court of Protection Property Sale Evidence cases, our therapeutic assessment approach means the assessment and evidence-gathering process is structured but not adversarial. The person should be supported to participate as fully as possible, with the assessor using clear language, appropriate pacing, reassurance, prompts or breaks where needed.
This is especially important because selling a person’s home can be emotional and deeply personal. The person may associate the property with family, identity, independence, safety, grief, memory, control or hope of returning home. The process should therefore support the person to explore where they live, what their home means to them, whether they understand the proposed property sale, what care or support they need, what realistic options exist and what the practical consequences may be.
The therapeutic nature of the conversation does not reduce the evidential standard of the work. The written evidence has a different function: it records the decisions assessed, the relevant information, the practicable steps taken, the person’s responses, care needs evidence, care planning evidence, stakeholder views, best interests considerations and the reasoning behind the professional conclusions.
The written output serves a different function. Reports, reviews and written submissions are prepared to be evidence-based, decision-specific and clear, so that the reasoning can be understood by the person, family, professionals, deputies, attorneys, solicitors or the Court of Protection relying on the work.
How The Nellie Standard™ Applies to Court of Protection Property Sale Evidence
This service is delivered in accordance with The Nellie Standard™, Nellie Supports’ framework for evidence-led assessment, reporting and advocacy.
For Court of Protection Property Sale Evidence, The Nellie Standard™ means the work is approached as a structured evidence bundle rather than a single standalone assessment. The purpose is not simply to record that a person is living in long-term care or that a property sale is proposed. The purpose is to bring together decision-specific capacity evidence, care needs evidence, care planning, stakeholder views and best interests analysis so that the overall evidential picture is clear, balanced and capable of professional scrutiny.
In this service, particular attention is given to capacity for residency, capacity to sell or transfer property, the person’s care and support needs, whether those needs can realistically be met at home or elsewhere, the person’s wishes and feelings, stakeholder views, less restrictive options and whether selling the property appears necessary and proportionate. A care placement, DoLS authorisation, risk concern, funding pressure or family disagreement is not treated as a substitute for analysis.
Where the matter is complex, contested or likely to be relied upon by solicitors, deputies, attorneys or the Court of Protection, the evidence is brought together in a CPR35-compliant summary report where required. The report should show what evidence was reviewed, what was assessed directly, what information came from records or stakeholders, how limitations were considered, and how the professional conclusions were reached.
Evidence before opinion; Correct test first; Decision-specific analysis; Care needs evidence; Best interests reasoning; Stakeholder transparency; Least restrictive options; CPR35-compliant summary reporting
Common COP3 Capacity Assessment Questions
No. A DoLS authorisation may evidence that the person is subject to restrictive care arrangements, but it does not evidence that their property should be sold. For a property sale, the evidence should usually address capacity for residency, capacity to sell the property, care needs, realistic care options, stakeholder views and whether the proposed sale is necessary, proportionate and in the person’s best interests.
The Supreme Court judgment in A Reference by the Attorney General for Northern Ireland, [2026] UKSC 16 has made the relationship between deprivation of liberty, consent and restrictive care arrangements more complex. In property sale cases, this reinforces the need not to rely on deprivation of liberty evidence alone. Decision-makers may need clearer evidence about the person’s capacity, long-term residence, care needs, realistic alternatives and best interests.
Because they are separate decisions. A person may lack capacity to decide where they live, but still have some understanding or wishes about their home. Equally, a person may understand they are living in a care home but not understand the financial, legal and practical consequences of selling their property. Each decision should be assessed separately under the Mental Capacity Act 2005.
The CPR35-compliant summary report brings the evidence together into one structured document. It links the capacity assessments, care assessment, care plan, best interests checklist and stakeholder views, so solicitors, deputies, attorneys and the Court of Protection can understand the full evidential picture behind the proposed property sale.
Why attorneys and deputies choose Nellie Supports
Attorneys and deputies choose Nellie Supports when they need clear, independent evidence before making or applying for authority to make a significant property decision on behalf of another person.
Selling someone’s home is rarely a simple financial decision. It can affect the person’s care, independence, future options, emotional wellbeing, estate, family relationships and sense of identity. Where the person is living in long-term care, attorneys and deputies may need more than confirmation that the person is in a care home or subject to restrictive care arrangements.
Nellie Supports helps attorneys and deputies evidence the full decision-making picture.
Our Court of Protection property sale evidence bundle can help show:
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whether the person has capacity to decide where they live
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whether the person has capacity to decide whether their property should be sold
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what care and support needs the person has
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how those needs are currently being met
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whether the person’s needs could realistically be met at home or in another setting
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what the person’s wishes and feelings are
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what family members, professionals and other stakeholders think
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what less restrictive options have been considered
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whether the proposed property sale appears necessary, proportionate and in the person’s best interests
Attorneys and deputies also choose Nellie Supports because our work is structured, decision-specific and designed for professional scrutiny. We do not treat a diagnosis, a care home placement or a DoLS authorisation as a substitute for analysis.
Each case is approached through the correct Mental Capacity Act 2005 framework, supported by independent social work assessment, care planning evidence, stakeholder consultation and a CPR35-compliant summary report where required.
For attorneys, this can help evidence that a property sale decision has been considered carefully and in line with the person’s rights, wishes, feelings and best interests.
For deputies, this can help support decision-making, solicitor instructions or an application to the Court of Protection where additional authority or evidence is needed.
Nellie Supports is England and Wales’ largest specialist mental capacity assessment provider and specialist private social work practice.
Our assessments and reports are completed by a permanent full-time multidisciplinary team, not an ad hoc associate or referral-panel model, and every report is reviewed before issue for quality, clarity and consistency.
Our Court of Protection property sale evidence process
We keep the process clear, structured and proportionate from the outset.
This service is designed to bring together the evidence needed to support a property sale decision where a person is living in long-term care and there are questions about capacity, care needs, best interests and Court of Protection evidence.
Initial enquiry and triage
Contact us by phone, email or through our website form.
We will gather the key details and confirm whether this service is the right fit for the situation. This will usually include understanding who is instructing the work, whether there is a deputy or attorney, whether the Court of Protection is already involved, why the property sale is being considered, and whether there is any family disagreement, safeguarding concern or urgency.
At this stage, we will also explain what evidence may be needed and whether the case appears to require the full Court of Protection property sale evidence bundle.
Quotation and booking
Once the scope is clear, we provide a quotation for the work.
This will set out the agreed package, VAT, travel costs where applicable, and expected timescales.
If you wish to proceed, we arrange the assessment appointment and confirm what documents should be provided before the work begins.
Assessment appointment
A qualified assessor meets with the person and completes the decision-specific mental capacity assessments.
This will usually include assessment of capacity for residency and capacity to sell or transfer property. The assessment is carried out in a calm, respectful and supportive way, with practicable steps taken to help the person participate wherever possible, in line with the Mental Capacity Act 2005.
Evidence review and report preparation
We complete the wider evidence work agreed within the scope of instruction. This may include an independent social work care assessment, care plan, care options analysis, stakeholder consultation and best interests checklist.
The evidence is then brought together in a structured summary report, where required, explaining the capacity assessment outcomes, care needs, care options, stakeholder views, best interests considerations, limitations and professional reasoning.
Peer review and secure delivery
The completed evidence and reports are reviewed before issue for quality, clarity and consistency, in line with the Nellie Standard™ and Professional Standards framework.
Once finalised, the documents are delivered securely by email to the agreed recipient. Where needed, we can respond to reasonable clarification requests about the report. No provider can guarantee how the Court of Protection, a local authority, public body or other decision-maker will treat an individual report.
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Frequently Asked Questions
Yes. This service can be used before an application is made where a deputy, attorney, solicitor or family member needs to understand what evidence may be required.
The evidence can help clarify the person’s capacity, care needs, realistic care options and whether a property sale appears necessary before formal steps are taken.
Yes. If the Court of Protection has requested further evidence, we can review the directions or solicitor instructions and scope the work around what is being asked. This may include capacity evidence, care evidence, stakeholder consultation, best interests analysis or a combined summary report.
Yes. Jointly owned property can create additional legal and practical issues, particularly where one owner lacks capacity or where trustee issues arise. We can provide mental capacity, care and best interests evidence, but legal advice may still be needed about title, trusteeship, authority and the correct Court of Protection application route.
Yes. If the person objects, their views should be taken seriously. The assessment can consider whether they understand the relevant information and whether they can use or weigh the consequences of selling or not selling. If they lack capacity, their objection remains important within the best interests analysis.
Yes. This is a key part of the service. The independent care assessment and care options analysis can consider whether the person’s needs could realistically be met at home, what support would be required, whether risks could be managed, and whether returning home appears safe, sustainable and proportionate.
Yes. Care fees may be part of the context, but the evidence should not focus only on funding. The assessment should consider capacity, care needs, long-term placement, realistic alternatives, the person’s wishes and feelings, and whether selling the property is necessary and proportionate in the circumstances.
Yes. We can support cases involving family disagreement, provided the scope of instruction is clear. Stakeholder views can be gathered and recorded as part of the best interests checklist. Our role is to provide independent evidence, not to take sides or resolve the legal dispute.
Yes. The person’s wishes and feelings are still relevant even if they lack capacity to make the final decision. The report can record what the person says, how they present, what they appear to understand, and any known past wishes, values or beliefs that may be relevant to the property and care decision.
No. Nellie Supports provides independent social work, mental capacity, care assessment and best interests evidence. We do not provide legal advice. Where there are questions about authority, deputyship powers, LPA powers, jointly owned property, trustee issues or Court of Protection procedure, you should seek advice from a solicitor.
Court of Protection Property Sale Evidence Guides
Our Court of Protection property sale evidence guides explain how mental capacity, care assessment, long-term residence, DoLS, best interests and property sale decisions connect when a person is living in long-term care and their home may need to be sold.
These guides are written for deputies, attorneys, solicitors, families and professionals who need clear, practical information about the evidence required to support a property sale decision. They cover why a DoLS authorisation is not enough on its own, why capacity for residency and capacity to sell or transfer property are separate decisions, how care needs and care options should be evidenced, and how best interests evidence can support decision-making under the Mental Capacity Act 2005.
We also provide mental capacity assessments for other decisions
If you need a mental capacity assessment for a different decision, Nellie Supports can help. Our permanent full-time team provides decision-specific assessments for COP3 and Court of Protection applications, care decisions, property and financial affairs, Lasting Power of Attorney decisions, testamentary capacity, statutory will matters, trustee decisions, litigation, gifting and other complex or disputed matters across England and Wales.
For the full range of services, visit our Mental Capacity Assessments page.