There are a number of matters that have to be addressed when a Deputy for Property and Affairs is appointed. Perhaps the most important is to protect the person’s property. If the Protected Party owns any property, a Court of Protection restriction must be added onto the register of title. If the property has both a leasehold and a freehold, then a separate restriction must be registered on both registers of title.
In order to enter a Court of Protection restriction onto the register of title, Form RX1 must be completed which can be found on the Land Registry website. The title number is required for the RX1 and details of the restriction that should be entered. The current wording for the restriction should be as follows “The applicant applies to enter a restriction against the estate referred to in Panel 3 in the following words: No disposition during the lifetime of [the Protected Party] of the registered estate is to be completed by registration unless made pursuant to an order of the Court under the Mental Capacity Act 2005.”
It is important to enter a restriction onto the register of title to protect the property from any adverse transfers or amendments being made on the register.
The Deputy Order must be submitted with Form RX1 to prove that a Deputy has been appointed. Form RX1 must be signed by the Deputy for Property and Affairs under Panel 12 as the applicant. The Deputy will need to provide the nature of interest in asking for the restriction to be entered and details of how their interest arose. It is important for the Deputy to state in this section that the Protected Party was assessed as not having capacity to manage their property and affairs which has resulted in a Deputy being appointed.
A fee of £90.00 must be enclosed with Form RX1. Please note that for every restriction entered onto a register of title, an additional fee must be paid. Therefore, if two restrictions need to be entered onto two separate titles, a cheque for £180 will need to be enclosed made payable to the “Land Registry.”