Tracy Rowden, partner in the private client team at Mayo Wynne Baxter, has been awarded the accredited lifetime lawyer status – a national recognition of her specialist expertise in advising older and vulnerable clients, and supporting their families and careers.

Tracy, based in the firm’s Lewes office, is now part of a select group of lawyers in the UK to achieve this respected accreditation. The accreditation is awarded by the association of lifetime lawyers, the organisation that sets the benchmark for excellence in later life legal advice, including wills, powers of attorney, inheritance tax, and care planning.

To achieve this accreditation, lawyers must undertake rigorous assessment to demonstrate a deep understanding of the legal, practical, and emotional considerations involved in protecting the interests of older and vulnerable clients.

Speaking about her achievement, Tracy Rowden said: “Being accredited as a lifetime lawyer is an important milestone in my practice. It recognises the specialist knowledge required to advise older and vulnerable clients and reiterates my commitment to upholding the highest professional standards in this field.”

“Later life planning involves complex legal and personal considerations, and my role is to guide clients through these with clarity, empathy, and a focus on achieving the best long term outcomes for them and their families.”

Fiona Dodd, partner and head of the private client team said: “Tracy has long demonstrated both exceptional technical skill and genuine compassion in her work with our older and more vulnerable clients. She is committed to delivering the highest standard of later life legal advice and her accreditation is a testament to her determination and perseverance, and we are delighted to be celebrating her accomplishments.”

Lakshmi Turner, chief executive of the association of lifetime lawyers added: “When it comes to planning ahead for later life, getting the right advice is essential. An accredited lifetime lawyer is an expert in this area of the law and understands the wider, often sensitive, issues around health, care and family that may need consideration. They follow a strict code of practice with respect and dignity at its heart.”

“Ultimately, choosing a lifetime lawyer means you’ll be guided through this complex and sensitive area of law and will be able to lay solid foundation to protect yourself and your loved ones later in life.”

To find a Lifetime Lawyer near you, visit: www.lifetimelawyers.org.uk

As life expectancy increases, more families in the UK are faced with the challenge of funding long-term care. Care home fees can be substantial, often exceeding £70,000 per year for the most basic of homes and navigating the complex web of benefits and funding options can feel overwhelming. Our specialist Attorney Affairs Team regularly advise clients on care fees and ensuring they access all available support.

The Cost of Care and Who Pays

Care home fees vary depending on location, level of care, and whether nursing care is required. Broadly, there are two categories of costs:

• Accommodation and personal care (help with washing, dressing, meals)
• Nursing care (medical support provided by qualified nurses)

Funding for these costs can come from a mix of personal resources, local authority support, and NHS contributions. The key question is: who pays, and how much?

Local Authority Funding

Local authorities provide means-tested support for care home fees. If your capital (including savings and property) is below certain thresholds, you may qualify for assistance:

• Upper threshold: £23,250 – if your assets exceed this, you are generally self-funding.
• Lower threshold: £14,250 – below this, you contribute from income only.

Between these figures, a sliding scale applies. Importantly, your home may be included in the assessment unless a spouse or dependent still lives there. There are exceptions, and professional advice can help you understand whether property disregard rules apply. It’s also important to note that as the Local Authority agree a lower rate with care homes than where people are fully funding themselves, which room is available to you, or indeed which home you can live in, will be affected if you require assistance with your care fees.

NHS Continuing Healthcare (CHC)

CHC is a fully funded package of care provided by the NHS for individuals with significant health needs. If eligible, the NHS covers all care costs, including accommodation. However, the assessment process is rigorous and often misunderstood. Many families assume CHC is only for end-of-life care, which is incorrect. Eligibility depends on the nature, complexity, and unpredictability of your health needs—not your diagnosis alone.

Appealing a CHC decision can be complex, and solicitors experienced in healthcare law can guide you through the process, ensuring your case is presented effectively.

NHS-Funded Nursing Care

If you do not qualify for CHC but require nursing care, the NHS may contribute a fixed weekly amount (currently £235.88 in England) towards nursing costs in a care home. This is paid directly to the home, reducing your overall bill.

Attendance Allowance

Attendance Allowance is a non-means-tested benefit for individuals over State Pension age who need help with personal care. It is paid at two rates (£72.65 or £108.55 per week) depending on the level of need. Even if you are self-funding, this benefit can help offset costs. Many people overlook this entitlement, assuming it does not apply once they enter a care home but it can be claimed all the time that you are self-funding.

Other Support

• Personal Expenses Allowance: If the local authority funds your care, you are entitled to keep a small weekly amount for personal spending.
• Property Deferred Payment Scheme: Allows you to defer selling your home by taking a loan from the local authority, secured against the property.
• Council Tax Exemptions: Empty properties due to care home admission may qualify for exemptions.

Why Professional Advice Is Crucial

The rules governing care funding are intricate and subject to frequent changes. Misunderstanding them can lead to missed entitlements or unnecessary depletion of assets. Common pitfalls include:

• Incorrect property inclusion: Families often assume the home must be sold immediately, which is not always the case.
• Failure to claim benefits: Attendance Allowance and NHS contributions are frequently overlooked.
• Missed CHC eligibility: Many people wrongly accept initial refusals without challenge.

Planning Ahead

Early planning is key. Consider:

• Lasting Powers of Attorney: Ensures decisions can be made if capacity is lost.
• Wills and estate planning: Protects your wishes and minimises tax implications.
• Financial assessments: Helps structure assets to maximise eligibility for support.

Care home funding is a complex area where legal, financial, and health considerations intersect. While online resources provide general guidance, they cannot replace tailored advice. Consulting a solicitor ensures you access every benefit and funding stream available, avoid costly mistakes, and plan confidently for the future.

If you or a loved one are facing care home decisions, seek professional advice early. It’s not just about paying for care—it’s about protecting your rights, your assets, and your peace of mind.

Contact us today for a confidential consultation. Call 0800 84 94 101, email trowden@mayowynnebaxter.co.uk and adodsworth@mayowynnebaxter.co.uk, or visit www.mayowynnebaxter.co.uk to speak with one of our solicitors in Sussex. 

After months of speculation and market uncertainty, Chancellor Rachel Reeves has delivered the 2025 Autumn Budget.

While the headline news avoided the dramatic income tax hikes some predicted, the Budget nonetheless introduces a series of measures that will impact estates, property owners, business holders and savers across the UK.

Here, we’ve outlined the key announcements, what they really mean and the planning considerations you should be thinking about now.

Frozen inheritance tax threshold

One of the most significant developments for families is the continued freeze of the inheritance tax (IHT) nil-rate band at £325,000 and the residence nil-rate band at £175,000 until 2031.

This extended freeze is, in effect, a substantial stealth tax.

While thresholds stand still, property prices in Sussex continue to rise – particularly in Brighton & Hove and the surrounding villages, where even modest family homes routinely exceed £500,000.

As a result, more estates will be dragged into the inheritance tax net without any change in the official rates.

While couples retain a combined allowance of £1 million, inflation steadily erodes its real value, leaving many households exposed to higher tax bills than they might anticipate.

Planning options such as lifetime gifts, trusts and appropriate insurance remain crucial for managing potential liabilities.

Agricultural and Business Property Relief capped at £1m – and transferable

Farmers and business owners face notable changes through the introduction of a £1 million cap on Agricultural Property Relief (APR) and Business Property Relief (BPR) from April 2026.

Previously unlimited, relief above this threshold will now attract only 50%, increasing tax exposure for larger estates.

A positive clarification is that unused allowances can be transferred between spouses, even where the first death occurs before the cap takes effect.

With the new rules only two years away, reviewing asset structures and exploring planning strategies is advisable.

A wealth tax in all but name: The High Value Council Tax Surcharge

The Budget also introduces the High Value Council Tax Surcharge, a targeted property wealth charge for homes.

From April 2028, owners – not occupants – of residential property worth £2 million or more will face an annual surcharge of between £2,500 and £7,500.

Properties will be valued in 2026 and revalued every five years. A consultation will determine how tied accommodation, complex ownership structures and hardship cases will be handled, including the possibility of rolling up the charge until sale or death.

While only a small proportion of Sussex properties currently exceed the £2 million threshold, house price inflation means more homeowners – particularly in Brighton’s premium postcodes – could be caught over time.

And given the history of similar taxes, there is every possibility the threshold could be lowered in future.

Income tax increases by another route

The government may have abandoned its original plan to raise headline income tax rates, but that doesn’t mean income tax is untouched.

Rates on non-employment income – property rental income, savings interest and dividends – will all rise by 2% over the next two years.

Those on the cusp of income tax thresholds should also be aware that the freezing of rates and bands until 2031 means many will drift into higher tax categories through earnings inflation alone.

Pensions, ISAs and salary sacrifice

A series of technical changes add further complexity for savers. Executors will no longer be liable for IHT on pension assets discovered after probate clearance, which is a sensible and overdue correction.

However, from 2029 the National Insurance exemption for salary-sacrificed pension contributions will be capped at £2,000 per year – reducing the attractiveness of one of the most commonly used workplace planning tools.

And from 2027, the annual tax-free cash ISA allowance for those under 65 will fall from £20,000 to £12,000 – a change that will affect anyone relying on ISAs as a core part of their savings strategy.

None of these individually is transformative, but together they form another layer of tax pressure on long-term savers.

No major changes to Capital Gains Tax

Capital Gains Tax remains untouched, with the top 24% rate preserved and hold-over relief still available.

Given speculation that these reliefs might be significantly curtailed, many investors will breathe a sigh of relief.

Non-dom and trust reforms

There are also complex changes affecting non-domiciled trusts, including a new £5 million cap on certain 10-year charges, and fresh anti-avoidance rules targeting agricultural and UK-linked assets held through offshore structures.

These will affect only a small number of individuals but signal a continuing move toward tightening the residence-based regime.

Final thoughts

Taken together, this budget marks a clear move towards incremental taxation of wealth, particularly wealth held in property, business assets and investments.

While not the dramatic restructuring many feared, the cumulative impact will be substantial for households across the South East.

In an environment where thresholds are frozen, reliefs capped and surcharges introduced, waiting passively is no longer an option.

Understanding the implications early and taking steps to plan ahead will be essential in navigating what is now a much more demanding fiscal landscape.

If you’d like to understand how these changes affect you, your business or your family, our team at Mayo Wynne Baxter is here to help with clear, practical advice tailored to your circumstances.

When creating a trust as part of your estate or succession planning, signing the trust deed is just the beginning. A vital next step is transferring the intended assets to the trustee. Without this transfer, the trust cannot operate as intended, and the legal ownership of the trust property remains with you.

Why is transferring assets so important?

Under English trust law, for a trust to be valid and effective, the trustee must hold legal title to the trust assets. This principle stems from the requirement that a trust separates legal ownership (held by the trustee) from beneficial entitlement (enjoyed by the beneficiaries).

The importance of transferring assets to the trustee is reflected in section 53(1)(c) of the Law of Property Act 1925, which provides that a disposition of an interest in land must be in writing and signed. Similarly, the Trustee Act 1925 governs how trustees hold and manage trust property, but this is only possible once assets have been transferred to them.

If the trustee does not acquire legal ownership of the assets, the trust is incomplete and any protections or tax advantages you sought to achieve may fail.

How do you transfer assets to the trustee?

The method of transfer depends on the type of asset:

• Land or property – A deed of transfer is required, complying with section 52(1) of the Law of Property Act 1925, and the transfer must be registered at HM Land Registry.
• Shares in private companies – A stock transfer form must be executed and recorded in the company’s register of members under the Companies Act 2006.
• Cash or investments -Funds can be transferred to a trust bank account or investments re-registered in the trustee’s name.
• Chattels (personal items) – These are transferred by physical delivery and often a deed of gift or written assignment.

Practical points for private clients

• Legal formalities – The required formalities must be observed, especially for land or shares, to ensure the transfer is valid and enforceable.
• Tax and duty – Transfers may attract stamp duty land tax (SDLT) or stamp duty on shares; specialist advice can help mitigate unnecessary charges.
• Clear records -Trustees should retain documents evidencing the transfer to protect against future disputes or HMRC challenges.

Final thoughts

If you are setting up a trust, transferring assets to your trustee is essential to give legal effect to your intentions. Without this step, your trust will be incomplete. Taking professional advice ensures the transfer complies with English law and supports your estate planning goals. If you need to transfer property into a trust or need general advice on setting up trusts our specialist trust team can assist.

The Reduced Inheritance Tax Rate for Charitable Donations

Key Rules

• The ‘net estate’ is calculated after deducting liabilities, exemptions, and the nil-rate band.
• The 10% charitable gift is calculated separately for different parts (‘components’) of the estate.
• Executors can make elections to merge components for simplicity.

Example

• Nil-rate band: £325,000
• Taxable estate: £1,175,000
• If at least £117,500 (10%) is donated to charity, the IHT rate on the remaining £1,057,500 is reduced from 40% to 36%, resulting in tax savings.

Comparison: With vs Without Charitable Gift

How to Arrange This

• Include the gift in your Will, clearly stating the amount or percentage.
• Ensure the charity is a UK-registered charity.
• Speak to a solicitor or estate planner to calculate the 10% threshold correctly.
• Executors can sometimes vary the Will after death to enable this relief via a Deed of Variation.

Why using a regulated solicitor matters when making a will

Making a Will is one of the most important steps an individual can take to protect their loved ones and ensure that their wishes are carried out after death. However, many people in the UK remain unaware that outside of the legal profession the Will writing industry can be largely unregulated. Each year thousands of people prepare their own Wills without seeking legal advice or with the help of unqualified Will writers who might lack adequate legal training. This can leave individuals open to poor advice, invalid documents and devastating legal consequences.

The recent case of Tedford V Clarke & Ors heard in April; the High Court provides a stark reminder of what can happen when things go wrong. This case was brought by Mr Tedford, Mrs Veronica Clarke’s nephew, who was appointed as her Executor in order to seek clarity and an interpretation of the Will. The poorly drafted Will had been prepared by an unqualified person holding himself out as a Will writer.

Veronica’s Will, which revoked a previously professionally drafted Will was so badly written that it included references to Abbey National Bank which had ceased to exist long before the Will was written. In addition, some of the clauses in the Will appeared to contradict each other about who the actual beneficiaries were. This led to confusion as to whether the nieces and nephews of Mrs Clarke (including Mr Tedford) were entitled to inherit. Disagreements about this exacerbated the already difficult family circumstances, as there was also a separate case being brought for the removal of Mr Tedford as the Executor.

Judge Cadwallader who heard the case noted that the legal jargon used in the Will shows ‘a limited understanding of their meaning and function and of the underlying body of law’. He also summarised that the badly drafted Will had caused ‘untold anguish, substantial expenses and delay and destroyed family relationships’.

Partner Caroline Flint, from our contentious probate team comments that “The Executor had no choice but to make an application to the Court for guidance before he could proceed with the administration of the estate. This caused significant funds to be depleted from the deceased estate and the potential to generate a rift between the family for generations to come”. “This is why it is important to make sure that the person you instruct is suitably qualified to understand your wishes and advise accordingly”’.

Why use a regulated firm?

Choosing a legal adviser from a regulated firm to prepare your Will ensures:

• Legal accuracy
• Complicated family, business and personal circumstances are taken into account.
• Tax and financial implications are accurately addressed
• Valid execution
• Safe storage
• Recourse if something goes wrong and a record of the advice is available.

At Mayo Wynne Baxter, our experienced Private Client team can give you the peace of mind of knowing that this is all in hand.

When families are considering placing a loved one into a care home, the process can be emotionally and practically overwhelming. Among the many questions that arise, one that often causes confusion is why some care homes insist on a Lasting Power of Attorney (LPA) or deputyship order being in place before they can formally admit a resident.

This post sheds some light on this requirement and why it is not only common but often essential for the protection of both the resident and the care provider.

Understanding Legal Capacity and Decision-Making

Under the Mental Capacity Act 2005, individuals must be assumed to have capacity to make decisions unless it is established that they lack it. However, for many people entering care, particularly those with dementia, severe learning difficulties, or other cognitive impairments, there may be concerns about their ability to make complex decisions, such as entering into a contract with a care provider.

This is where an LPA or deputyship becomes crucial.

The Role of an LPA or Deputy

A Lasting Power of Attorney is a legal document in which a person (the “donor”) appoints one or more individuals (the “attorneys”) to make decisions on their behalf if they lose capacity. There are two types: one for property and financial affairs, and one for health and welfare. For care home admission and fee arrangements, the financial LPA is particularly relevant.

If the person has already lost capacity and no LPA was made in advance, then an application must be made to the Court of Protection for a deputyship order. This process can take several months and can be more costly and complex than setting up an LPA beforehand.

Why Care Homes Require Legal Authority

Care homes typically ask for proof of legal authority (either an LPA or a deputyship) for several reasons:

1. Contractual Agreement: Admission to a care home involves entering into a legally binding contract for services and payment. If the prospective resident lacks capacity, someone else must have legal authority to enter into the agreement on their behalf.
2. Financial Safeguards: Care homes need to ensure that the person managing the resident’s affairs has the legal right to do so. This helps prevent disputes about payments and financial responsibilities down the line.
3. Health and Welfare Decisions: In some cases, care homes may also need to liaise with attorneys or deputies about decisions relating to the resident’s care, medical treatment, or where they live.
4. Regulatory Compliance: Care providers are under increasing scrutiny to ensure they are acting lawfully and ethically. Verifying legal authority helps them meet their safeguarding obligations.

What Families Should Do

If your loved one still has capacity, the best course of action is to help them put in place a Lasting Power of Attorney as early as possible. It’s a relatively straightforward process but can be invaluable later on.

If they have already lost capacity, you should speak to a legal advisor about applying for a deputyship order. Be aware that this can take several months, so it’s important to begin the process early if care home admission is imminent.

Final Thoughts

Although it may feel like another administrative hurdle at a stressful time, the requirement for an LPA or deputyship is ultimately about ensuring that decisions are made lawfully and in the best interests of the person going into care. As a Court of Protection lawyer, I’ve seen firsthand how having the right legal authority in place can ease transitions, avoid disputes, and provide peace of mind for families and care providers alike.

If you need help setting up an LPA or making an application to the Court of Protection, don’t hesitate to get in touch with our team. We’re here to guide you through the process.

Blended families are becoming more common, with many people entering new relationships, marriages, or civil partnerships later in life, or ‘starting again’ and having more children with a new partner.

While these families bring joy and love, they also introduce unique legal and financial challenges that require careful planning. Without clear legal arrangements, your final wishes may not be carried out as expected, leading to unintended consequences for your loved ones.

Why estate planning is essential

Though it may be uncomfortable to plan for a time when you are not around to support your family, ensuring a solid estate plan offers peace of mind. Crucially, it can:

• Prevent family arguments
• Stop assets from falling into the wrong hands
• Minimise inheritance tax liabilities
• Avoid costly and time-consuming disputes

Despite the importance of estate planning, only 1 in 6 people have formalised an estate plan, and over a third haven’t drafted a will. And 1 in 5 people (22%) aren’t sure what a lasting power of attorney is.

Starting with a will

A properly drafted will is essential. Without one, the law dictates who inherits your estate, often prioritising your spouse or civil partner over children from previous relationships. Stepchildren are not automatically entitled to inherit under intestacy rules, meaning they may be left out entirely. By having a well-structured will, you ensure that everyone is provided for according to your intentions.

Setting up a trust

Trusts can be an effective way to safeguard your assets while ensuring fair distribution among your loved ones. A will trust, or life interest trust, allows your spouse, civil partner, or cohabitee to benefit from your assets during their lifetime, such as living in the family home or receiving income, while preserving the capital for your children in the future.

If you plan to include a cohabitee in your arrangements, it’s particularly important to seek expert legal and tax advice, as inheritance tax exemptions do not automatically apply to them.

Don’t delay on getting an LPA

Many people wrongly assume that your next of kin will be able to make decisions about your healthcare, or easily gain access to your finances, should you lose mental capacity. However, this is not the case. Only a nominated attorney using a Lasting Power of Attorney (LPA) document can do this.

Choosing the right attorneys is crucial, particularly in blended families where relationships may be sensitive. Without an LPA in place, your loved ones might face lengthy and expensive legal proceedings to gain the right to act on your behalf.

Open Conversations Matter

Estate planning doesn’t require unanimous agreement from all family members, but discussing your intentions can help set expectations and minimise surprises. Open communication fosters understanding and prevents future tensions.

Preventing Conflict

Inheritance disputes can arise, especially in complex family structures. Clear, legally documented wishes can help prevent misunderstandings and disagreements. Making fair, well-thought-out decisions, rather than trying to appease everyone, ensures clarity and reduces the likelihood of disputes.

When should you start estate planning?

Estate planning isn’t just for when you’re old and grey, it’s relevant for anyone who owns assets, has dependents, or runs a business. If any of the following apply to you, it’s time to consider putting plans in place:

• • You own property
  • You move in with a partner
  • You have assets to pass down
  • You have dependents
  • You run a business
  • You experience a life change

Can I do my own estate planning?

Navigating estate planning within a blended family can be complex, but with the right legal advice, it doesn’t have to be daunting. An Accredited Lifetime Lawyer can guide you through your options, helping you create a robust estate plan that protects the people who matter most.

How to start estate planning

Planning for your family’s future is not just about legal compliance, it’s about ensuring stability, financial security, and peace of mind for all involved. Seek legal advice now to create a well-structured estate plan that aligns with your blended family’s unique needs.

For more information, you can download our dedicated estate planning guide here.

In our increasingly global world, it’s not uncommon for close family members of vulnerable adults to be living abroad. One question I often encounter as a Court of Protection lawyer is whether someone living overseas can apply to be appointed as a deputy for a loved one in England or Wales who has lost capacity. The answer is yes, but with some important caveats and considerations.

Can Someone Living Abroad Be a Deputy?

Yes, it is legally possible for someone who lives outside of the UK to apply to be appointed as a deputy by the Court of Protection. The Court does not automatically exclude overseas applicants. However, the applicant must demonstrate that they are suitable, willing, and able to fulfil the role responsibly, despite not being physically present in the UK.

The most common scenarios involve children, siblings, or other close relatives who have relocated abroad for work or family reasons but still want to support a loved one in the UK.

Challenges Faced by Overseas Deputies

While the Court may be open to the idea, being a deputy from abroad is not without its challenges. Below are some of the key issues international deputies may face:

1. Practical and Logistical Difficulties

Deputies are expected to manage finances, deal with banks, pay bills, and liaise with care providers. Doing this from abroad can be difficult due to time zone differences, international call costs, and potential issues with verifying identity remotely.

2. In-Person Requirements

While much of the deputy’s role can be carried out remotely, there may be situations that require a physical presence, such as inspecting property, attending care reviews, or managing personal belongings. Being overseas may limit a deputy’s ability to respond promptly to urgent needs.

3. Supervision and Scrutiny

Deputies are supervised by the Office of the Public Guardian (OPG), and those living abroad may come under increased scrutiny simply because the OPG cannot easily engage with them in the same way as a UK-based deputy.

4. Banking and Financial Restrictions

Some UK financial institutions may be reluctant to deal with deputies who are based overseas, especially when setting up deputyship accounts or signing documents that require certified UK-based identity verification.

How to Mitigate These Challenges

While there are certainly hurdles, many of them can be managed with careful planning. Here are some steps that overseas deputies (or prospective deputies) can take to make their role more effective and less burdensome:

1. Appoint a Co-Deputy Based in the UK

One of the most effective solutions is to apply jointly with someone who lives in the UK. This co-deputy can handle tasks that require a local presence, while the overseas deputy remains actively involved in higher-level decision-making.

2. Use a Professional Deputy for Complex Matters

Where finances are substantial or complex, it may be appropriate to appoint a solicitor or professional deputy to act either solely or alongside a family member. This provides continuity, expertise, and ensures compliance with legal obligations.

3. Delegate Day-to-Day Tasks (with Caution)

Although deputies cannot delegate decision-making responsibility, they can use agents to assist with practical matters, such as employing a UK-based accountant, care coordinator, or solicitor. However, ultimate accountability always remains with the deputy.

4. Use Digital Tools and UK-Based Addresses

Setting up UK-based bank accounts with online access, secure cloud storage for important documents, and communication tools like Zoom can help bridge the gap. Some deputies also use a trusted UK address (such as a sibling’s or solicitor’s office) for correspondence.

5. Keep Detailed Records and Communicate Regularly

Deputies must report annually to the OPG. Clear, thorough record-keeping is especially important for overseas deputies. Regular written updates to other family members or professionals involved in the person’s care can also demonstrate transparency and proactive management.

Final Thoughts

The Court of Protection recognises that being geographically distant does not prevent someone from being devoted, capable, and responsible. That said, the role of a deputy is serious, and the challenges of managing it from abroad should not be underestimated.

If you are considering applying for deputyship from overseas, it’s wise to seek early legal advice. A well-prepared application and a realistic plan for fulfilling the role can make all the difference in securing the Court’s approval and ensuring the best outcome for your loved one.

If you’d like to speak confidentially about your situation, our specialist Court of Protection team is here to help.

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.

1. 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.

2. 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.

3. Complete our Questionnaire

We will send you a questionnaire to complete with all of the information we need to draft the application forms.

4. Complete the Forms

We will send you the draft application forms to check and sign.

5. 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.

6. Submit the Application

We will submit the application online and pay the application fee.

7. 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.

8. 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.