How Do I Sell My Property Now My Wife Has Dementia

It is always a difficult time when a family member has moved into residential care because they are suffering from dementia.

For various reasons their spouse may now consider selling the house they own together, perhaps to also move into care or to live with family.

Without a Power of Attorney in place, it would be essential for a Deputy to be appointed to manage the financial affairs of the person suffering from a mental incapacity.  It would be essential for an application to be made to the Court of Protection to appoint a Deputy to manage the financial affairs of the person suffering a mental incapacity.

For the majority of married couples properties are bought in joint names, each party holding half in Trust for the other party; both parties capable of acting as Trustees of that property and signing for a sale to proceed.

Although an appointed Deputy is able to manage the proceeds of the sale of a property they do not have any authority to act as a Trustee.   In this situation an application to the Court of Protection must be made to appoint a Trustee to replace the person with a mental incapacity to take over responsibility as a Trustee.

At Wilson Browne we have a dedicated Court of Protection Team who have the skills and expertise to advise or to assist you to make the necessary applications to the Court if you find yourself faced with this situation and a residential conveyancing team to handle the transaction. Vicki Pearce, the head of the Court of Protection Team is a Court appointed Panel Deputy who has been appointed as the Trustee to assist many clients should you find you do not have a suitable person to take on this appointment.

If you need any assistance or advice please contact our Team who will be happy to help.