17/07/2026
Court of Protection property sale applications – a practical new solution for Court of Protection lawyers
Following the recent Supreme Court judgment in Re AG, which has significantly clarified when a person living in a care home is deprived of their liberty, many Court of Protection Lawyers are now encountering cases where a person no longer meets the threshold for a Deprivation of Liberty Safeguards (DoLS) authorisation. As a result, applications to sell a property to fund care may no longer be accompanied by evidence that the Court has traditionally had available.
To help address this evolving evidential landscape, Thornton & Lee is launching a new COP24 Witness Statement service.
For just £170 + VAT when instructed alongside our Property & Financial Affairs COP3 assessment, our experienced mental capacity assessors will prepare a professionally evidenced COP24 witness statement. Our reports are structured in line with emerging recommendations following Re AG, recording and analysing the evidence the Court of Protection is likely to require when determining whether it is in a person’s best interests for their property to be sold.
We also understand the importance of timescales. Our typical lead time for a COP3 assessment remains just 7–10 days, with the completed report returned within seven days of the assessment, enabling Lawyers to progress applications without unnecessary delay.
If you are dealing with a property and financial affairs application affected by the implications of the Supreme Court’s decision in Re AG, we would be pleased to discuss how our new COP24 Witness Statement service may support your application.
For further information about our Court of Protection assessment services, please contact the Thornton & Lee team.