We have launched a dedicated attorney affairs team to assist clients with managing their personal and financial affairs.
The newly-formed team is led by Tracy Rowden, a partner in the private client department who has more than 25 years’ experience. She is joined by chartered legal executive Angie Dodsworth, along with paralegals Kendall Sherwen and Hannah Tolley.
Together, they will oversee attorney affairs matters, including lasting power of attorney (LPA) applications where an individual’s capacity is in question.
Tracy said: “We understand that managing someone else’s financial affairs can be overwhelming, particularly when dealing with complex legal and administrative processes. It can be difficult for individuals to navigate these responsibilities alone, especially during emotionally-challenging times.
“Our team is here to provide reassurance and practical assistance, ensuring individuals receive the support they need to manage financial and personal matters efficiently. We pride ourselves on our compassionate approach and take the time to understand our clients’ unique situations so we can tailor our services to their specific needs.”
The launch of the team comes amid increasing awareness of the need for proactive financial and legal planning.
However, according to a survey of more than 1,000 people[i], only 13% have formalised an LPA – despite its importance in protecting an individual’s financial and personal affairs should they become unable to make decisions for themselves.
This highlights a significant gap and with a growing number of individuals now recognising the need to safeguard their future, Mayo Wynne Baxter aims to bridge the gap between legal provisions and practical implementation.
The team will provide support in two key areas. The attorney affairs service is designed for individuals who have appointed the firm’s partners as their attorneys for property and financial matters under an LPA or an enduring power of attorney (EPA). This service includes managing financial correspondence, handling tax affairs, overseeing property maintenance and arranging care services where necessary.
The attorney assistance service offers guidance and support to lay attorneys who have been appointed under an LPA or EPA but may require professional assistance. This service is structured to meet different levels of need, from an initial guidance meeting to help clients get started, to a starter service that establishes necessary financial and legal structures, and a complete management option for those who require ongoing support.
[i] The research was conducted by Censuswide on behalf of Mayo Wynne Baxter with 1,000 people with a parent aged 60 or over. Censuswide abides by and employs members of the Market Research Society, which is based on the ESOMAR principles, and is a member of The British Polling Council.
[1] The research was conducted by Censuswide on behalf of Mayo Wynne Baxter with 1,000 people with a parent aged 60 or over. Censuswide abides by and employs members of the Market Research Society, which is based on the ESOMAR principles, and is a member of The British Polling Council.
Mayo Wynne Baxter mentors inspire students through Dare to Dream programme
As part of its ongoing commitment to social mobility, full-service Sussex law firm Mayo Wynne Baxter has partnered with the Dare to Dream initiative – delivered by the Love Local Jobs Foundation – to help young people build confidence, ambition and self-belief.
Through the partnership, Mayo Wynne Baxter has been paired with Hove Park School, where a dedicated team of mentors is working closely with students to improve their self-belief and demonstrate that aspirational career paths such as the legal sector are not only possible but well within their reach.
Five professionals from the firm – commercial partner Jonathan Clays, litigation partner Paul Rooke, private client solicitor Eloise Smith, chartered legal executive Angela Payne and commercial paralegal Molly Hamilton – have stepped up as mentors, supported by colleagues family paralegal Rebecca Robinson and private client partner Rebecca Louis.
Together, they are guiding and supporting a group of year nine students through the programme, offering valuable insights into the legal industry and world of work, while helping the students develop essential life skills.
Mayo Wynne Baxter chief executive Dean Orgill said: “We believe in unlocking the potential of young people and giving them opportunities to explore careers they may not have considered. By working with Dare to Dream, we hope to inspire students at Hove Park School and show them that the legal services sector is accessible to anyone with ambition and drive.”
The programme officially began with an initial briefing in mid-February, where the mentors took part in a training session. Looking ahead, the next stage is set to take place in March, where students will further develop key competencies essential for their future success.
The students will also have an opportunity to visit Mayo Wynne Baxter’s Lewes office in April, allowing them to experience the professional environment first-hand. The programme will culminate a few weeks later, where students will put their new-found skills into action.
Dare to Dream is an initiative from the Love Local Jobs Foundation that is dedicated to helping young people reimagine their future by building self-awareness, resilience and employability skills.
Jack Hayes, head of programme delivery at Dare to Dream and the former long-standing host of the Heart Sussex breakfast show, said: “We’re all about changing mindsets and empowering young people to believe in themselves. The involvement of companies like Mayo Wynne Baxter is crucial in showing students what’s possible when they have confidence and determination.”
When acting as a deputy under a Court of Protection order, you may need to sell a property on behalf of the person who lacks capacity (P). This could be necessary to fund care, downsize to more suitable accommodation, or manage their financial affairs effectively. However, the process is subject to strict legal and procedural requirements to ensure P’s best interests are protected.
Securing the Property
First things first, if P has moved into care, ensure the property is insured and well-maintained during the sales process. You should also consider arranging house clearance services if necessary.
This guide outlines the key steps and legal considerations involved in selling a property as a deputy.
Do You Have the Authority to Sell?
Check the Deputyship Order
Your first step is to review the deputyship order issued by the Court of Protection. Not all financial deputyship orders automatically grant the authority to sell P’s property.
If the order specifically authorises property sales, you can proceed with the transaction as long as it is in P’s best interests.
If the order does not mention property sales, you will need to apply for additional authority from the Court of Protection before proceeding.
If you are unsure, seek legal advice to clarify your powers. Acting without the proper authority could lead to delays, legal challenges, or even personal liability.
Joint Ownership Considerations
If P owns the property jointly with someone else (e.g., a spouse or family member), additional steps may be required. In cases where the co-owner also lacks capacity, a deputyship or trustee application may be needed to sell the property.
Assessing P’s Best Interests
Under the Mental Capacity Act 2005, all decisions made on behalf of P must be in their best interests. Before proceeding with a sale, consider:
Does P need to sell the property? For example, is the sale necessary to fund care home fees, or is the property unsuitable for P’s needs?
Would P have wanted to sell the property if they had capacity? If they previously expressed a wish to remain in their home, this must be taken into account.
Are there any alternatives to selling? Could renting out the property generate income while keeping P’s assets intact?
What are the views of family members or close friends? Their input can help ensure a well-rounded decision.
Where possible, consult P to understand their preferences, even if they cannot make the final decision.
Applying to the Court of Protection (If Required)
When an Application is Necessary
If your deputyship order does not grant permission to sell, you must apply to the Court of Protection and include a witness statement which should outline:
- A description of the property
- A professional valuation of the property
- The circumstances in which P came to be living in their current placement
- Steps which have been or will be taken in respect of any Deprivation of Liberty
- Why selling is in P’s best interests
- Any steps taken to consult P or their family
- How sale proceeds will be used
- The court may take several months to process the application, so factor in potential delays when planning the sale.
Preparing for the Sale
Once you have the necessary authority, you can begin the sales process. Steps include:Valuation & Estate Agents
- Obtain at least three valuations
- Appoint a reputable estate agent with experience in handling property sales for those who lack capacity.
Legal Representation
Instruct a solicitor who understands deputyship-related property transactions.
Selling the Property
As a deputy, you must ensure the property is sold for a fair market value. Selling below market price without justification could lead to legal challenges or intervention from the Office of the Public Guardian (OPG).
Key Steps in the Sales Process:
1. Accepting an Offer – Ensure the offer reflects market value, taking into account property condition and local prices. You can request a “Best Price Certificate” from the estate agent.
2. Informing the OPG – While you don’t always need approval before completing the sale, keeping the OPG informed helps demonstrate transparency.
3. Exchanging Contracts – Your solicitor will handle the exchange, ensuring the deputyship order (or court approval) is in place.
4. Completion – Proceeds from the sale must be placed in a deputyship account and used in P’s best interests.
Managing Sale Proceeds
Once the sale is completed:
• Inform the OPG of the sale and update P’s financial records.
• Consider financial planning – If the funds are not immediately needed, seek professional advice on managing them in P’s best interests.
• Keep detailed records – The OPG may require evidence of how funds are used, so maintain a clear audit trail.
Final Thoughts
Selling a property as a deputy is a complex process that requires careful planning and strict adherence to legal requirements. Ensuring that all steps are taken in P’s best interests, obtaining the necessary court authority, and keeping accurate records will help protect both P’s rights and your position as deputy.
If you’re currently considering a property sale as a deputy, get in touch with our team.
Court of Protection deputies play a crucial role in safeguarding the interests of individuals who lack mental capacity to manage their affairs. However, as we move through 2025, deputies—whether professional, local authority, or lay (family) deputies—are expected to face an increasing number of challenges. From systemic court delays to financial pressure, deputies must navigate a complex landscape to ensure they continue acting in the best interests of the people they support.
Below are some of the key challenges expected to shape deputyship in 2025.
Court Delays and Backlogs
The Court of Protection has been experiencing significant delays in processing applications, and this is likely to persist or even worsen in 2025. Factors contributing to this include:
Increased applications – More local authorities are now required to apply for deputyship after being told they cannot manage private pensions under appointeeship.
Staffing shortages – The court system continues to struggle with resourcing issues, affecting case processing times.
Complex applications taking priority – Cases involving disputed capacity, safeguarding concerns, or complex financial arrangements may take precedence, delaying routine applications.
For deputies, this means longer waits for crucial orders, such as property sales, access to funds, and approval for financial planning decisions. Managing expectations and planning ahead will be more important than ever.
Increased Scrutiny from the Office of the Public Guardian (OPG)
In recent years, the OPG has tightened its oversight of deputies, in particular, we have seen an increased scrutiny of OPG102 annual reports, requiring more detailed justifications for expenses and investment decisions.
Family members acting as deputies may struggle to meet administrative and reporting requirements without professional guidance.
Cost of Living and Financial Pressures
Economic uncertainty and rising costs will continue to impact deputies, particularly those managing finances for individuals on limited incomes. Challenges include:
Increasing care costs – Residential and domiciliary care fees are rising, making it harder to ensure long-term financial sustainability.
Managing property in a buyer’s housing market – Deputies selling property to fund care may struggle with market fluctuations.
Balancing financial planning with the individual’s best interests will be more challenging than ever, requiring deputies to seek specialist financial and legal advice.
Final Thoughts
Being a Court of Protection deputy in 2025 will come with increasing challenges, from longer court delays to greater financial pressures and more scrutiny over decision-making. Deputies will need to be more proactive than ever, keeping detailed records, planning ahead, and seeking expert advice where necessary.