COP Deputyship Order - Charging Property

The question relates to administration of a Deferred Payment Scheme on behalf of a local authority, and placing a legal charge and restriction on the property title to secure local authority funding.

Customer's son received a COP Deputyship Order (under the Mental Capacity Act 2005) - there's no restriction 2(b), however the Order is very specific in describing his powers:

"The deputies are authorised to sell the property of [customer name] known as [property address] on the best possible terms and after payment of legal fees and other professional charges to invest the net proceeds for the benefit of [customer name]."

The Oder further states that:
"For the purpose of giving effect to this order the deputies may execute or sign any necessary deeds or documents."

It is my understanding that, the Oder affords sufficient rights to the deputy to sign CH1 and facilitate a Deferred Payment Agreement between the customer and the local authority, even though it does not contain the usual "charge or sell" sentence. 

Could you please confirm this COP Deputyship Order will be accepted by HM Land Registry as sufficient authority to act on behalf the property owner in agreeing for a charge and restriction to be placed on the property.

Many thanks,
David
 

David - provided a copy of the interim order authorising the transaction and execution of any necessary deeds and documents by the named individual(s) is lodged with the disposition, and the legal charge has been duly executed by the individual(s) named in the order, then it should be acceptable for registration purposes. 
As with all such things a final decision won't be made re acceptability until the application is submitted and considered as appropriate but I am sure you already appreciate that caveat 

Thank you Adam - as always, very helpful and quick reply.
I shall go ahead with DPA and the application.

Thanks again,
David

Good morning Adam,

Apologies for coming back to answered question, but we got a requisition - seems the caseworker is unsure of the Deputy's authority:

"The court order dated 21 May 2024 does not allow the deputies of [Proprietor] to charge freehold property. The subsequent court orders both dated 25 November 2024 do not appear to grant further authority to charge property, only to sell it. Please lodge evidence showing the authority [Deputy] is acting under to charge [Property Address] in favour of [Local Authority name]."

Application ref Q393VTT

I would really appreciate if you could help with this case.
Many thanks.

Kind regards,
David

Good Morning David - nothing we can do on the forum to help with a specific request such as this. If you disagree or need to submit more in reply to the request then you should communicate that to the caseworker through the named channel