How to Sell a Property Belonging to a Protected Adult?

When it comes to selling a property owned by a protected adult, the process can be a bit more complicated than a typical real estate transaction. This guide will walk you through the necessary steps and legal procedures involved in selling a property belonging to a protected adult.

Understanding the Legal Framework

Before diving into the selling process, it is crucial to understand the legal framework surrounding the property of a protected adult. In most jurisdictions, a protected adult is an individual who has been placed under the supervision of a guardian due to physical or mental incapacity. The guardian is responsible for managing the protected adult's affairs, including their property.

Appointing a Mandatory

The first step in selling a property belonging to a protected adult is to appoint a mandatory. The mandatory is a person who is responsible for carrying out the sale on behalf of the protected adult. The mandatory can be a family member, friend, or a professional. The appointment of a mandatory must be approved by the court.

Obtaining a Certificate of Non-Objection

Once the mandatory has been appointed, the next step is to obtain a certificate of non-objection from the prosecutor's office. The certificate confirms that the sale is in the best interest of the protected adult and that the necessary legal procedures have been followed.

Advertising the Property

Just like any other real estate transaction, the property must be advertised to reach potential buyers. However, when selling a property belonging to a protected adult, it is essential to indicate that the property is owned by a protected adult in all advertisements.

Accepting an Offer

Once a suitable offer has been received, the mandatory must submit the offer to the court for approval. The court will review the offer to ensure that it is in the best interest of the protected adult.

Completing the Sale

Once the court has approved the offer, the sale can be completed. The mandatory will sign the necessary documents on behalf of the protected adult, and the proceeds from the sale will be used to benefit the protected adult.

Conclusion

Selling a property belonging to a protected adult can be a complex process, but with the right guidance and legal support, it can be done smoothly. It is essential to follow the necessary legal procedures and seek the court's approval at every step to ensure the best interest of the protected adult is protected.