Mr X is 20 years old, has learning disabilities and lives with his mum and dad. Soon, he will be moving into a supported living arrangement to encourage his independence. Mr X's only income is his social security benefits and he hasn’t accrued any significant savings. Mr X has been assessed as having the capacity to manage small amounts of money but not to sign a tenancy agreement. 

What happens in this scenario? How can Mr X sign a tenancy agreement?

On the basis that Mr X did not have the capacity to sign a Lasting Power of Attorney, an application would need to be made to the Court of Protection for a family member (or other appropriate individual) to sign the tenancy agreement on his behalf. This can be a stand-alone application and does not require a Court of Protection Deputy to be appointed. 

In this scenario, Mr X’s only income is his social security benefits, which can be managed effectively by an Appointeeship. It is important to note that Deputyships have ongoing administration and security bond fees that would not be proportionate in this case. If Mr X received an inheritance or accrued significant savings, a deputyship for property and affairs could be appropriate in the future. 

Anyone making an application to sign a tenancy agreement on behalf of someone else will need to consider and obtain information relating to: 

• evidence that Mr X lacks the capacity to sign the tenancy agreement himself; 
• the circumstances behind the move, including any best interests’ assessments that have been carried out; 
• whether there has been consultation with any family members or others close to Mr X;
• any other relevant information about the move to supported living; and 
• to pay the requisite court fee. 

If you have any questions about applications to the Court of Protection to sign a tenancy agreement on behalf of someone else or any other matters relating to mental capacity, please contact me.