Court of Protection Valuation: A Deputy's Guide

What a court of protection valuation is

A court of protection valuation is a formal, independent assessment of a property's worth, prepared for someone who is managing another person's affairs because that person lacks the mental capacity to do so themselves.

When a person can no longer make decisions about their money or property, the Court of Protection can appoint a deputy to act on their behalf. In other cases an attorney acts under a lasting power of attorney. Either way, that person takes on a legal duty to look after the assets and to keep proper records.

Property is usually the largest asset a person owns. To manage it properly, the deputy needs to know what it is worth. That is where an RICS valuer comes in.

The valuation is a written report signed by a qualified RICS surveyor, prepared to a professional standard. It is not an estate agent's appraisal and it is not the figure a lender uses for a mortgage. Those two things are covered in Survey vs Mortgage Valuation.

Chris Bloor, on site

An empty house tells you things a lived-in one hides. I look for the meter readings, whether the heating has been off, any sign of damp coming through where nobody has noticed it. Post piling up, a cold kitchen, condensation on the glass. None of that changes market value on its own, but I note it so the report holds up. I photograph what I find and I keep the wording plain. I don't guess at what a family hopes it's worth, and I don't shade the figure to help a sale along. The date stands, and the comparables carry the number.

Why a deputy needs one

A deputy or attorney has to act in the best interests of the person they represent. Part of that is keeping a clear picture of the estate and being able to show your workings if asked.

There are several points where a valuation is needed.

• When you are first appointed. The Office of the Public Guardian expects an opening picture of the estate. A property valuation gives you a starting figure.
• When you plan to sell. If the person is moving into care or the property is no longer needed, you need an independent view of value before you accept an offer.
• When you report annually. Deputies file a report each year. A current valuation supports the property figure in that account.
• When a decision is challenged. If a family member or the OPG questions a sale price, an independent RICS report is your evidence that you acted properly.

Selling a family home on someone else's behalf is a serious decision. An independent figure protects you from any later suggestion that the property was undersold.

What the RICS valuer assesses

The valuer inspects the property and forms a view of its value based on its condition, location and the local market.

What the inspection covers:

• The construction, age and general condition of the building.
• The size and layout of the accommodation.
• The plot, garden, parking and any outbuildings.
• Any obvious defects that affect value, such as damp, structural movement or a tired kitchen and bathroom.
• Tenure, whether the property is freehold or leasehold, and any lease terms that matter.

The valuer then compares the property against recent sales of similar homes nearby. This is the backbone of any credible figure, and we explain it in What is Comparable Evidence?.

You can get a rough sense of local sold prices yourself before you instruct anyone.

A valuation is not a survey. It records value, not a full account of every defect. If you need a detailed report on condition, that is a separate Level 2 or Level 3 survey. For most court of protection work, the valuation is what the OPG expects.

The market value basis

Court of protection valuations are prepared on a market value basis, in line with the RICS Valuation Global Standards, often called the Red Book.

Market value is the amount the property would reasonably be expected to sell for on the open market, between a willing buyer and a willing seller, at the date of valuation. It assumes proper marketing and no unusual pressure on either side.

That basis matters. It gives the OPG a figure that is objective and consistent, rather than an optimistic asking price or a rushed sale figure.

The valuation is dated to the day of inspection. Property values move, so the figure reflects the market as it stood on that date. If a sale drags on for many months, a fresh figure may be needed.

Chris Bloor, on site

An asking price tells you what someone hopes for, not what a house sells for. The two often part company. So the figure in my report rests on recent sales of similar homes nearby, ones that have actually completed, not the boards still up down the road. I set out which ones I used and why. That way, if the OPG or a relative comes back and asks how you arrived at the number, the answer is on the page. You aren't defending an opinion. You're pointing at evidence, and the sale price sits close to it.

How the report supports your duty to account

Every deputy has a duty to account to the Office of the Public Guardian. In plain terms, you have to be able to show that the money and property you manage have been handled properly.

An RICS valuation supports that duty in a few ways.

It gives you a defensible figure. Because the report is signed by a qualified surveyor and prepared on a recognised basis, it carries professional weight. If anyone questions the value you recorded, you have independent evidence.

It creates a clear record. The report is dated and set out in writing, so you can file it with your accounts and refer back to it.

It protects you personally. If you sell a property and the sale price is close to the independent valuation, you have shown you acted in the person's best interests. That is a strong position if the sale is ever queried.

The same principle applies to other formal valuations. A probate valuation works in a similar way for HMRC, and a capital gains tax valuation supports a tax position. The common thread is an independent, defensible figure prepared to a professional standard.

What to expect from the process

The process is straightforward.

The inspection itself usually takes under an hour for a typical house or flat. The written report normally follows within a few working days.

You will need to give the valuer some background: your appointment as deputy or attorney, the tenure of the property, and any known issues. If the property is empty or the person is in care, tell us who holds the keys.

How to instruct a surveyor

Use a firm that is RICS regulated and experienced in formal valuations for legal and court purposes. A mortgage valuation or an estate agent's appraisal will not meet the standard the OPG expects.

When you get in touch, have a few details ready:

• The property address and tenure.
• Confirmation of your role and, if relevant, your court order or power of attorney reference.
• The reason for the valuation, whether it is an opening figure, an annual account or a planned sale.
• Access arrangements.

We will confirm the fee, the basis of valuation and the timescale before we start. If you are unsure whether you need a valuation, a survey, or both, Do I Need a Valuation or a Survey? sets out the difference.

Frequently asked questions

Is a court of protection valuation the same as a probate valuation?

They use the same market value basis and both are prepared by an RICS valuer. The difference is the purpose. A probate valuation supports the estate of someone who has died and is filed with HMRC. A court of protection valuation supports a deputy or attorney managing property for someone who is still living but lacks capacity.

Can I just use an estate agent's appraisal instead?

An estate agent's appraisal is a marketing opinion, not a formal valuation. It is not prepared to the RICS Red Book standard and it does not carry the same professional weight. For your duty to account to the Office of the Public Guardian, an independent RICS valuation is the safer choice.

How often does the property need revaluing?

There is no fixed rule. Many deputies obtain a fresh figure when the market has moved, when a sale is planned, or when the annual account is due. Because a valuation is dated to the day of inspection, an old figure may no longer reflect current value.

Do you need to inspect the property in person?

Yes. A proper valuation needs an internal and external inspection so the valuer can assess the condition, size and any defects that affect value. A desktop estimate is not appropriate for court or OPG purposes.

Who pays for the valuation?

The cost is normally met from the funds of the person whose affairs you are managing, as a legitimate expense of administering their estate. Keep the invoice with your records as part of your account.