We have just received an order granted by the Court of Protection under S.54 of the Trustee Act, in relation to an incapacitated person’s property. I assume that although not expressly stated in the order, this provides the authority for the Trustees to sell the property?
The Deputyship Order did not grant authority to the Deputy to sell, but we were granted the S.54 order appointing two Trustees of P’s property.
I assume as the new Trustees are Trustees of land, they therefore have the power of sale?
Apologies, just want to be doubly sure before reverting back to the client.
Practical Law recently published an editorial clarifying this titled ‘Questions for counsel: Does a deputy require specific authority from the Court of Protection to sell P’s property?’ If you let me know your email address, I can send this over to you.
Thank you Abbie, do you know whether the Section 54 Order on its own was sufficient for the Trustees to sell the Property or whether specific authority is required within the Deputyship Order itself?
Deputyship orders do not give authority for sale of a property (or at least they haven’t for many years). However, the trustees named under the S54 order normally will have this authority. This authority will normally be accepted within property departments exactly in the same way as any other trusteeship would be. The S54 Trustees will need to account to the Deputy for the sale proceeds.