When someone loses the capacity to make decisions for themselves, it can be an emotional and overwhelming time.
If there’s no lasting power of attorney (LPA) in place, you may need to apply for deputyship to legally manage their affairs. But what does the process actually involve?
In this post, we break down the application process.
- Assess Capacity
Before applying, it must be confirmed that the person lacks capacity to make decisions. You’ll need a specific type of capacity assessment completed by a professional – usually a doctor, social worker, or psychiatrist.
- Choose who will apply for Deputyship
You might want to apply for deputyship yourself, or with another person. This is called a “Lay Deputy”. We can send you guidance on what is required of a deputy to help you to decide. If you can’t decide, or there is no one to act, we can apply to be appointed as professional deputy.
If a lay deputy is to be appointed, we will send them our onboarding paperwork and ID checks to complete. This can be done remotely.
- Complete our Questionnaire
We will send you a questionnaire to complete with all of the information we need to draft the application forms.
- Complete the Forms
We will send you the draft application forms to check and sign.
- Notify Interested Parties
We are required to inform the person you’re applying to act for, and anyone else with an interest (like close family). This gives others a chance to object if necessary. We must wait 14 days between sending the notifications and submitting the application.
- Submit the Application
We will submit the application online and pay the application fee.
- Court Review and Decision
The Court of Protection will review the application. If there are no objections and everything is in order, they’ll contact the deputy to arrange a surety bond (a type of insurance) and issue a court order appointing the deputy.
- What Happens After You’re Appointed?
We will send you the order and our advice on the same.
You will be under the supervision of the Office of the Public Guardian, who will contact you to discuss your new role.
Final Thoughts
Deputyship is a serious legal responsibility, but it plays a vital role in protecting vulnerable individuals. While the process can seem complex, understanding each step and getting proper advice can make it far more manageable.
If you’re considering applying for deputyship, make sure to start gathering documents early and don’t hesitate to ask for help.
Need help applying for deputyship or understanding your options? Reach out to our team.
MWB has reaffirmed its commitment to East Grinstead by relocating to a new, modern office in the heart of the town.
The new modern and spacious office – on the second floor of Medway House, in Cantelupe Road – offers a range of state-of-the-art amenities designed to support the firm’s continued growth and commitment to delivering exceptional client service.
Key features include a dedicated reception area for welcoming clients; two external meeting rooms; a wellness room to support staff wellbeing; a small quiet office, ideal for focused work; an open plan office, including a number of height-adjsutable desks; a post room; and a separate kitchen space.
Dean Orgill, chief executive at Mayo Wynne Baxter, said: “We are delighted to open our new office in East Grinstead, which reflects our ongoing strategy to invest in modern, flexible workspaces across Sussex.
“This move is a testament to our long-term commitment to the town, ensuring we continue to provide high-quality legal services to the local community. Our investment in this new space also supports staff recruitment and retention, helping us attract top legal talent while creating a welcoming and efficient environment for both clients and employees.”
Located just 12-minute walk from East Grinstead Railway Station and close to town centre amenities, the new office is part the law firm’s strategy to broaden its footprint across the region, which included opening a new hub in Chichester in 2023.
Mayo Wynne Baxter has nine offices throughout the Sussex region, including in Brighton, Chichester, Crawley, East Grinstead, Eastbourne, Lewes, Peacehaven, Seaford, Storrington, as well as a London office.
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.
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.
1. 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.
2. 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.
3. 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.
5. 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.
6. 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.
Families in the South East are being urged to take action to safeguard their financial future ahead of upcoming changes to inheritance tax (IHT) rules.
The latest budget announced a freeze on the IHT nil rate band and residence nil rate band thresholds until 2030, meaning more families are likely to be impacted as property values continue to rise. Changes to tax relief on certain assets and adjustments to pension rules will see more estates facing unexpected tax liabilities.
Rebecca Louis and Matt Parr, both Partners at award winning, Mayo Wynne Baxter solicitors, warns that failing to plan ahead could result in significant financial losses for loved ones, with many unaware of the options available when it comes to planning to mitigate IHT.
New research from The Association of Lifetime Lawyers, a membership body of expert lawyers from across the UK, reveals a sharp increase in concerns around IHT. A staggering 80% of their lawyers have reported a surge in IHT-related enquiries over the last six months alone, with interest spiking further (68%) following the latest budget.
More than three-quarters (77%) have observed a growing trend of clients exploring the option of gifting assets during their lifetime to reduce the IHT bill their loved ones might have to pay. Despite this rising demand, 66% of lawyers believe many people remain unaware of their options for IHT planning.
Matt Parr stresses the urgency of acting before it is too late: “The landscape of IHT is shifting rapidly, and we’re seeing many people left uncertain about how to protect their loved ones. We’ve seen an increase in interest in property gifting, as well as growing concerns about access to pensions funds that could jeopardise long-term financial security.”
“The complexity of these changes has caused confusion among families. Taking proactive steps now can help minimise the impact of IHT and ease financial and emotional stress for your family. Discussing finances and estate planning may feel challenging, but being open about it is key to ensuring loved ones are well cared for in the future.”
Rebecca Louis adds: “One big change is that from April 2027 most unused pension pots and lump sum death benefits will become part of a person’s estate for IHT purposes, potentially pushing many more people over the IHT threshold. Given the potential impact of this change, it’s a good time to review your will as part of your overall investment and gifting strategy to ensure your legal and financial arrangements are as tax-efficient as possible.”
Seeking professional advice from a specialist solicitor, such as an Accredited Lifetime Lawyer, can provide peace of mind and a clear strategy to navigate these complex changes with confidence.
Family Justice Council Guidance on Neurodiversity in the Family Justice System: A Welcome Step for Families and Practitioners
We understand that navigating the complexities of the family justice system can be overwhelming, especially navigating legal jargon, unclear deadlines and an abundance of paperwork. Whether you’re a parent, child, or involved in any family law matter, it’s essential that the justice system is fully equipped to cater to the diverse needs of all individuals. That’s why the recent Family Justice Council’s Guidance on Neurodiversity in the Family Justice System for Practitioners is a welcome step forward.
Why is this Guidance Important?
It is estimated that 1 in 7 people in the UK are neurodivergent. Whether you’re going through divorce, dealing with child arrangements, or any other family law matter, these conditions can significantly impact how individuals process information, communicate, and respond to the demands of the legal system.
Key Points from the Family Justice Council Guidance
The Family Justice Council’s guidance offers a number of practical recommendations to help practitioners support clients with neurodiversity. Here are some of the key takeaways:
Understanding Neurodiversity: The guidance emphasises the importance of recognising that neurodiversity is a different way of thinking and processing information. Practitioners are encouraged to adopt a more inclusive approach when working with clients, avoiding assumptions, and instead, tailoring their communication and procedures to meet the individual needs of each person.
Adapting Communication Methods: One of the most important aspects of the guidance is the recommendation to adjust communication methods. This could include providing written summaries of verbal instructions, using visual aids, or offering extra time for clients to process information. Such adjustments can make a significant difference in ensuring that neurodiverse clients feel heard and understood throughout the legal process.
Encouraging Participation: For many neurodivergent individuals, participating in legal proceedings can be daunting. The guidance advocates for supporting clients in ways that encourage full participation in the process, including using specialists or advocates if necessary, to ensure their voices are fully represented.
Recognising the Impact on Decision-Making: The guidance highlights the potential challenges neurodivergent individuals may face in terms of decision-making, particularly in high-pressure situations. By recognising these challenges, family law professionals can take extra care in helping clients make decisions that are in their best interests and in the best interests of their families.
Supporting Parents and Children: The guidance also underscores the importance of considering the needs of both parents and children who may have neurodiverse conditions.
How Mayo Wynne Baxter Solicitors Can Help
At Mayo Wynne Baxter, we are committed to providing a compassionate and understanding approach to family law matters. We recognise that every family is unique, and that includes understanding and respecting neurodiversity. Our experienced team of family law solicitors are well-versed in the complexities of neurodiversity in the legal system and can offer tailored advice and support to ensure that all individuals have access to fair legal representation.
If you or someone you know is navigating family law proceedings and is concerned about how neurodiversity may affect the process, we encourage you to get in touch with our team.
Matthew Pennycook MP has announced on 23 January 2025 that he has signed regulations to remove the two-year ownership rule for leaseholders of flats to extend their lease, and leaseholders of houses to extend their lease or buy their freehold.
What does this mean?
It means that rather than having to wait two years after you have purchased your property, or going through the complicated process of asking a seller to exercise and then assign their right to you on completion, you can exercise your right to purchase or extend from the moment that you own the property.
This is seemingly a fairly small change in leasehold law, but a win for leaseholders who will not have to ask sellers to do this on their behalf at extra expense and complication when they purchase a property.
Nor will a slight change in ownership of their property prevent them from exercising their right – for example, where you own a property for over two years and then perhaps add a partner to it, even though you have owned it for the requisite time, the change in ownership to joint owners would previously have meant you’d have to wait two years again.
This will also aid leaseholders who need a lease extension but can’t exercise their statutory right to obtain one as they haven’t owned it for long enough, so they feel forced to agree to onerous terms because that is all the Landlord will offer them.
Does it disadvantage Landlords though?
Arguably not as the notices which exercise the right of a leaseholder who has owned for two years have always been assignable to the new owner without them having to wait for the two year period to continue. The change just removes the needs for the additional work in doing this, and the trap that a leaseholder could fall into if they decided not to deal with a lease extension during the purchase process.
The change is effective from 31 January 2025.
Further reforms are anticipated this Spring and we await hearing what this might mean for Landlords and Leaseholders alike.
If you have any questions on the above please contact the Enfranchisement team.
I read an article about Max George, singer of The Wanted, who revealed to The Sun Newspaper that he wrote a Will from his hospital bed before having surgery for a heart condition. Max George told The Sun that he took his phone out and started spelling out what to do with his assets. This article starkly reminded me of the importance of planning ahead and seeking proper advice so that if life takes an unexpected turn, you aren’t scrambling to address legal and financial matters.
In this instance, Max George taking his phone out to make notes in a phone app would not meet the criteria for a valid Will. In the UK, electronic wills, including detailed instructions in a note’s app remain invalid under the law. The current legislation mandates that a Will must be in writing, signed by the testator, and witnessed in the presence of two independent witnesses who also sign the document. If these requirements aren’t met, no matter the exigent circumstances, it is likely to result in the estate being distributed under intestacy rules instead of the Testator (in this case Max)’s own wishes. Max George also lives with his partner Maisie Smith, but they aren’t married which means that under the rules of intestacy she would not be automatically entitled to receive anything from his estate.
Max George’s particular circumstance involved him going in for heart surgery which also carries other potential risks such as temporary incapacitation or unforeseen complications. What Max may not have considered is the importance of also having in place Lasting Powers of Attorney (LPAs). While most operations are successful, it’s essential to plan for every outcome.
An LPA allows you to appoint someone you trust to make decisions on your behalf, with your permission for the Lasting Power of Attorney for Property and Finance, or if you are no longer able to do so for both. There are two types:
- Health and Welfare LPA: Covers medical care, living arrangements, and other personal matters.
- Property and Financial Affairs LPA: Relates to your finances, including bills, investments, and property.
As this situation reminds us, younger adults are not immune to unexpected events like accidents or sudden illnesses. Without LPAs in place, your loved ones might face lengthy legal processes to gain decision-making authority in order to help manage your health and financial affairs.
This story highlights an issue many prefer to avoid: the unpredictability of life. Writing a Will and setting up Lasting Powers of Attorney are often perceived as something to do later in life. However, the story of Max George and his late bandmate Tom Parker, who died in 2020 without a Will shows, life’s uncertainties mean it is always best to be prepared.
Wills are not just for celebrities, the elderly or those with significant wealth. They are vital for anyone with dependents, assets, or specific wishes regarding their estate. From appointing guardians for children to specifying how property should be distributed, a Will ensures that your intentions are honoured.
Our firm specialize in Wills, Lasting Powers of Attorney, Attorney Affairs and Probate, offering guidance tailored to your unique circumstances. We understand that these conversations can be emotionally challenging, but they’re also an important act of love and responsibility. By addressing these matters now, you can spare you and your loved one’s additional stress during difficult times and provide them with the reassurance of knowing your wishes are clear.
Georgia Dellar