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Court of Protection

Trustee Applications

Navigating the path of trustee applications

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The law prevents the automatic delegation of trustee powers to deputies, so, where an individual who lacks capacity is the co-owner of property (and therefore a trustee of land) a replacement trustee is needed. This can only be done through an application to the Court of Protection.

What is a trustee application in Court of Protection?

A trustee application is most commonly needed where an individual who co-owns property loses mental capacity to manage their financial affairs. The owning of property with someone else automatically creates a trust of land, with each owner becoming a trustee. The law states that a minimum of two trustees are required to provide valid receipt for the sale of property. As incapacity would mean an owner was unable to act as a trustee, the Court of Protection is needed to authorise an individual to act as trustee in the incapacitated owner’s place.

Applications to the Court of Protection for authority to purchase and sell property – process and key considerations

When seeking the Court’s authority to purchase or sell property on behalf of an individual who lacks capacity, certain procedures and considerations must be addressed. The application for a trustee appointment which is required for the sale of property has a number of proforma documents which need to be navigated carefully.

Increasingly, deputyship orders do not provide blanket authority to purchase properties and further authority must be obtained. Again, proforma documents need to be completed but more needs to be done to show why the purchase of property is in the best interests of the individual, together with detailing affordability and security in favour of the vulnerable individual and how the property meets, or could meet, the physical needs of the individual. The Price Slater Gawne Court of Protection team has vast experience in purchasing and adapting property for clients with a wide range of physical needs, and properly presenting this information within an application to the Court, which is crucial for the application to be successful.

Why choose Price Slater Gawne?

At Price Slater Gawne, our specialist team offers a wide range of services relating to the Court of Protection, designed to provide you with the legal advice and support you need to help a loved one when they need it most. Our commitment to building personal relationships with you and your loved ones ensures that handling these vital matters is met with the utmost compassion and expertise. We take pride in our person-centered approach, tailored to meet the unique needs of each client and their family, and have been recognised for our excellence in this regard. Let us be your trusted partners in securing the future and welfare of your loved ones.

If you would like to speak to a member of our Court of Protection team regarding trustee applications, please get in touch today on 03333 058375 or by email to

Meet the Team

  • Gareth Williams

    Partner, Court of Protection & Wealth Protection

    Gareth Williams

    t:07497 839796


  • Sam Firth

    Associate, Executive, Court of Protection

    Sam Firth

    t:07508 897860


  • Jade Price

    Solicitor, Court of Protection

    Jade Price

    t:07930 519947


  • Gabrielle Chapman

    Solicitor, Court of Protection

    Gabrielle Chapman

    t:07497 839816


  • Caz Kirkwood

    Administrator, Court of Protection

    Caz Kirkwood

    t:07957 773340


  • Georgia Burgess

    Administrator, Court of Protection

    Georgia Burgess

    t:07980 772002


What Our Clients Say About Us...

  • “I am currently a client of Sam Firth, I cannot recommend him enough, he is very thorough, professional and supportive, I can't imagine anyone else dealing with such a complex case, resulting in positive outcomes.” Stacey


  • The team are dedicated, highly experienced, professional, and approachable, with a drive to ensure the best outcome for their clients.” Kate Barron, Clinical Case Manager


  • “Jade Price was recommended to me and I can see why. Jade has been very prompt and thorough throughout. I wholeheartedly feel at ease with Jade guiding me.” Mr P


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call03333 058375

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