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You must apply to the Court of Protection if all of the following apply:

• you鈥檙e one of 2 or more owners of property or land
• one of the owners has lost 鈥榤ental capacity鈥�
• you want to sell the property or land

Losing mental capacity means someone cannot make a decision for themselves at the time it needs to be made.

This means that:

• the owner who鈥檚 lost mental capacity cannot sign legally binding documents and needs help to make decisions
• you鈥檒l have to apply to appoint someone to take the place of the owner who鈥檚 lost capacity so the sale can go ahead

Appoint someone to act on behalf of an owner

You鈥檒l have to appoint someone to act on behalf of the owner who鈥檚 lost mental capacity even if:

• you鈥檙e already acting on behalf of an owner as a 鈥榙eputy鈥�
• the Official Solicitor is a 鈥榣itigation friend鈥� for an owner

You may not need to apply if you鈥檝e got a registered power of attorney.

Read the guidance on the sale of jointly owned property (COP GN2) to find out if you need to apply.

Get the forms

Download and fill in:

• the Court of Protection application form (COP1) so you can appoint someone who can deal with the sale of the property
• the special undertaking by trustees (COP12)
• an information form (COP1D)
• the witness statement (COP24) - use the guidance on the sale of jointly owned property (COP GN2) to fill this in
• another witness statement (COP24) as a certificate of fitness (for example, a character reference) if you鈥檙e not appointing yourself or your solicitor to act for the owner

Fees

It costs 拢408 to apply. You might have to pay an additional 拢494 if the court decides there needs to be a hearing.

Read the fees guidance to find out when you might not have to pay.

Enquiries

Contact the Court of Protection for help and to find out if you need to fill in other forms.

You can also or visit the public counter.

You cannot get legal advice from court staff.

Send your application

Send the original and one copy of each of the following to the Court of Protection:

• the application forms
• witness statement
• a copy of the entries at HM Land Registry if the sale includes any registered land
• a copy of the conveyance if the property is unregistered
• any other documents and information asked for

Tell people about your application

The Court of Protection will send you a copy of your application forms, stamped with an issue date, a week after you apply.

You must tell (鈥榮erve鈥�) anyone named in your application (such as the person who鈥檚 lost capacity) about applying within 14 days of the issue date.

Read the guidance at the end of application form COP1 to find out who to tell.

Send them:

• a notice that an application form has been issued (COP15)
• an acknowledgment form (COP5) so they can confirm they鈥檝e been told about this

You can tell them:

• by post to their home address
• by fax
• in person

Confirm you鈥檝e told people

Within 7 days of serving the documents, you must download and fill in the forms (鈥榗ertificates of service鈥�) confirming you鈥檝e told:

• the owner who鈥檚 lost mental capacity (COP20A)
• other people named in the application (COP20B)

Send them all together to the Court of Protection.

After you apply

Read the guidance to find out what happens if you have to attend a Court of Protection hearing.

Update the property records after you鈥檝e appointed someone to act for the owner who鈥檚 lost mental capacity.

If your application is rejected and you did not have a hearing

You can ask for a decision to be reconsidered if your application is rejected and you did not have a hearing.

Download and fill in application form COP9.

Send the original, one copy of the form and any documents asked for in the form to the Court of Protection.

You must apply within 21 days of the decision being made.

It鈥檚 free.

If your application is rejected and you had a hearing

You can appeal the decision if your application is rejected and you had an oral hearing.

Download and fill in the appellant鈥檚 notice (COP35).

Send it and any other documents asked for in the form to the Court of Protection.

You must apply within 21 days of the decision being made or within the time limit set by the judge who rejected your application.

Fees

It costs 拢257 to apply. You might have to pay an additional 拢494 if the court decides there needs to be a hearing.

Read the fees guidance to find out when you might not have to pay.

Emergency applications

Contact the Court of Protection to make an emergency application, for example to stop someone who lacks mental capacity being removed from where they live.