Court of Protection | I’m a Deputy, can I refurbish their property?

Serving as a Deputy carries significant responsibility, and it is vital to follow the correct guidelines and procedures at all times. We are often asked by clients what they are legally allowed to do, especially when they have received conflicting advice.

One question we have been asked many times is, Am I allowed to refurbish a property on behalf of someone whom I act as Deputy?

There are clear rules and processes that must be followed…

In a recent decision highlighting the scope of deputies’ powers, the Court of Protection has considered whether a property and affairs deputy can lawfully refurbish a property owned by a person who lacks mental capacity.

The case concerned a deputy appointed under the Mental Capacity Act 2005 to manage the financial affairs of an individual who had moved permanently into residential care. The deputy sought authority to undertake substantial refurbishment works to the individual’s former home, arguing that improvements would preserve or enhance the property’s market value prior to sale.

Under the Mental Capacity Act, deputies must act in the person’s “best interests” and within the scope of the powers granted by the court. While routine maintenance and necessary repairs typically fall within a deputy’s general authority, more significant capital expenditure, particularly where it could alter the nature or value of the estate may require specific approval from the court.

In its judgment, the Court emphasised that the key question is whether the proposed refurbishment is in the person’s best interests, taking into account factors such as cost, anticipated increase in value, the person’s past and present wishes, and the overall management of their assets. Where works are speculative, high-cost, or primarily designed to benefit future beneficiaries rather than the protected person, the court is likely to scrutinise the proposal closely.

The ruling serves as a reminder that deputies should seek prior authority before embarking on major building projects. Failure to do so could expose them to personal liability if the expenditure is later deemed outside their powers or not in the protected person’s best interests.

If you are acting as a deputy and need advice on your responsibilities and role, contact our dedicated Court of Protection | Property and Finance team today on: MarieO@moore-tibbits.co.uk or call: 01926 354704.