How to apply to the Court of Protection to sell a house
When someone loses mental capacity and there is no Power of Attorney in place, selling their home becomes more complex. In these cases, you must apply to the Court of Protection for authority before the sale can legally proceed. This process ensures the person’s interests are protected, but it can be lengthy and requires careful paperwork. This guide explains when an application is needed, the steps involved, costs, timescales, and what families can expect.
If a homeowner has lost mental capacity and there is no valid Power of Attorney, you cannot sell their house without applying to the Court of Protection.
The Court can appoint a deputy to act on the person’s behalf and authorise the sale. The process takes several months, requires detailed forms, and includes application fees. Once an order is granted, the deputy can manage the sale in the best interests of the person in care.
Key points:
- Application form COP1 and supporting documents must be filed.
- The fee is £421, plus £494 if a hearing is required.
- Timescales vary: paper applications can take 6–9 months, while online cases may complete in 2–4 months.
- Deputies must act transparently, keep records, and follow Court instructions.
- Emergency applications are possible if urgent care costs or risks are involved.
When a Court of Protection application is needed
The Court steps in where:
- The homeowner has permanently lost mental capacity.
- No valid or registered Power of Attorney exists.
- The house must be sold to fund care costs or because it is jointly owned and cannot be sold otherwise.
Without an order, relatives or co-owners have no legal authority to complete the sale, even if everyone agrees. The Court ensures the person’s rights are safeguarded and the sale is in their best interests.
Example scenario
Mr Taylor owned a house jointly with his wife but developed advanced dementia. His wife wanted to downsize, but without a deputyship order from the Court of Protection, she could not legally sell the property because he could not sign the transfer deed.
Step-by-step process
- Confirm capacity: A medical certificate is required to show the person lacks capacity to manage their affairs.
- Complete forms
- COP1: main application.
- COP1D: additional property information.
- COP12: undertaking by trustees (for jointly owned homes).
- COP24: witness statement.
- Supporting evidence: property valuation, Land Registry entries or title deeds.
- Pay the fee
- £421 application fee.
- £494 hearing fee if required.
- Some applicants may qualify for fee remission.
- Serve notice: Once stamped, you must notify all parties named in the application within 14 days (using COP15 and COP5 forms).
- Court review: The judge will consider if the sale is in the person’s best interests. More evidence may be requested.
- Order issued: If approved, the deputy receives authority to sign and complete the sale.
Costs and timescales
- Fees:
- £421 application.
- £494 hearing (if necessary).
- Possible deputyship bond and annual supervision fees (£35–£320).
- Timelines:
- Paper applications: 6–9 months.
- Online applications: sometimes 8–12 weeks if straightforward.
- Emergency cases: urgent applications can be made to prevent financial or safeguarding harm.
Table: Court of Protection process at a glance
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Responsibilities of a deputy
Once appointed, deputies must:
- Act only in the person’s best interests.
- Keep full records of financial transactions.
- Obtain a fair property valuation before agreeing to any sale.
- Report annually to the Office of the Public Guardian.
Deputies cannot:
- Make gifts or sell at undervalue.
- Act outside the specific powers in the Court order.
- Continue once the person regains capacity or passes away.
Alternatives to applying
In some cases, deputyship may not be needed:
- If the person still has capacity, they can sign the paperwork themselves.
- If a valid Power of Attorney (LPA or EPA) exists, the attorney can act.
- For temporary funding, councils may offer a deferred payment agreement while an application is processed.
Example case studies
- Long process: Sarah applied to the Court to sell her father’s house. With paper applications, it took 8 months before approval, during which time she used savings to cover care costs.
- Online success: John applied online with solicitor support. The order came through in 10 weeks, enabling him to sell his aunt’s flat before debts mounted.
- Emergency: The Court fast-tracked an application when Mr Green needed urgent care funding, issuing a temporary order to release funds before the property was sold.
FAQs
Do I always need Court of Protection approval?
Only if there is no valid Power of Attorney and the owner cannot act themselves.
Can I sell a jointly owned house?
Yes, but if one co-owner lacks capacity, you must apply to the Court to authorise their share of the sale.
How long does it take?
Typically 6–9 months on paper, but online applications may be processed within 2–4 months.
What happens if my application is refused?
You can request reconsideration using COP9, or appeal with COP35 within 21 days.
Can I apply in an emergency?
Yes. The Court accepts urgent applications if immediate action is needed to safeguard care or housing.
Recap: applying to the Court of Protection to sell a house
- If a homeowner has lost mental capacity and no POA exists, deputyship through the Court of Protection is required.
- The process involves multiple forms, fees, and several months of waiting.
- Deputies must act in the person’s best interests and keep transparent records.
- Alternatives exist, but without legal authority the sale cannot proceed.
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