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Selling a property as a deputy or attorney

Selling a property?

418,000 people currently live in care homes in the UK. There can be various reasons for moving into a care home, from people electing to move in themselves for social inclusion to being placed by the NHS or Local Authority due to a mix of lack of mental capacity and high care needs.


When someone is self-funding and placed by statutory services into a care home, they can occasionally fall between the gaps; with their care fees being managed by an attorney or deputy, it can be often seen that statutory services have no further need to be involved.


The court of protection guidance to deputies when selling a property requires evidence in the form of a standard authorisation form (dols) and "any best interest meetings or notes before the person was placed into care".

Nellie Supports can help by providing all of the neccessary  information to evidence a best ineterst decision is being made from care needs assessments, through to best interest checklists.

selling a property as a deputy

Your Questions Answered

What's Included in our property sale report?
  • Adult Sopcial Care Needs Assessment

We can complete a Care Act (2014) needs assessment to identify the person's strengths and their care needs; this can allow us to determine whether a person's needs are best met in a care home or their own home and, on the scale of probability, identify if this is likely to change in the future.

  • A Decision Specific Mental Capacity Assessment

To complement this assessment, we can also complete a Mental Capacity Assessment for the specific decisions on whether the individual can decide on their residency and care. 

  • A Best Interest-Checklist

The best interest checklist ensures any decisions being made are compliant with the principles of the Mental Capacity Act (2005) and evidence the decision-making process. 

  • Court Compliant Summary Report

Having collated all of the relevant evidence, we can complete a full report for the courts outlining our findings and summarising needs, how these needs can be met and the cost of these needs.

  • Who can complete a mental capacity assessment?

In cases involving complex or major decisions, such as testamentnary capacity you may need to get a professional opinion. The assessor must be an impartial, qualified professional, such as a doctor, nurse, or social worker.

  • Can we complete video-link or face to face assessments?

We can visit you in your own home or any other suitable space you feel most comfortable and at a time of your choosing. In those instances where face-to-face assessments aren't viable, we offer a fully secure video-link assessment service.




Social Work England is a specialist body taking a new approach to regulating social workers in their vital roles. All of our Social Workers are registered with Social Work England for your peace of mind. 


Our assessors are accredited Montreal Cognitive Assessment (MoCA) assessors with specific experience in completing capacity assessments and specialist reports.

All of our assessors have undergone extra training to become accredited financial vulnerability experts according to Lichtenberg standards, so they can provide even more detailed reports on mental capacity.

Need some advice?
Speak to our team

selling a property as an attorney

Everything you need to know about selling a property as a deputy or attorney

A past case whereby a gentleman was placed by his housing authority into a care home due to self-neglect issues highlighted where reliance upon a standard authorisation is inappropriate. Upon visiting the gentleman, our Social Worker identified he had no issues with his capacity (there was no impairment of the mind or brain) and elected to order himself a taxi and return home that same afternoon. Read more...

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