Attorney, Deputy and Court of Protection Disputes
Our expert team can help with Attorney, Deputy & Court of Protection disputes
We are equipped with extensive knowledge and practical experience to navigate and resolve complex issues related to disputes effectively.
Why choose Eric Robinson Solicitors?
- Straightforward jargon free advice that is tailored to your specific needs
- Cost effective legal services that give you peace of mind
- Providing expert and trustworthy legal advice for over 60 years
- 7 offices located throughout Hampshire, London and West Sussex
FAQs
In what capacity do people act as an Attorney?
An Attorney is appointed by reason of an individual (the donor) granting powers via a Lasting Power of Attorney (an LPA) or an Enduring Power of Attorney (an EPA). The Attorney is appointed to look after the donor’s finances and health and welfare if the donor loses mental capacity.
In what capacity do people act as a Deputy?
Lasting Powers of Attorney (LPA’s) and Enduring Powers of Attorney (EPA’s) are drawn up when the individual granting the powers (the donor) still retains mental capacity. LPA’s and EPA’s cannot be drawn up once the prospective donor has been deemed to have lost mental capacity. If an individual loses capacity and has failed to grant an LPA or EPA it will be necessary to appoint a Deputy to look after the individual’s finances and and/or health and welfare. A Deputy is appointed by the Court of Protection and will usually be an individual’s next of kin, close relative, or friend.
What tasks are covered by a Health and Welfare Lasting Power of Attorney?
An Attorney acting on behalf of a donor pursuant to a Health and Welfare Lasting Power of Attorney (LPA) will have the power to make decisions about things like:
- The donor’s daily routine which will involve tasks such as washing, dressing and eating.
- The donor’s medical care.
- Whether the donor should move to a care home.
- The maintenance of life-sustaining treatment.
What tasks are covered by a Property and Finances Lasting Power of Attorney?
An Attorney acting on behalf of a donor pursuant to a Property and Finances Lasting Power of Attorney (LPA) will have the power to make decisions about things like:
- The donor’s money including bank and/or building society accounts.
- Paying any bills owed by the donor for services incurred.
- Collecting any benefits that the donor is entitled to and collecting the donor’s pension.
What obligations are imposed upon Property and Finance Attorney’s?
The Attorney must always act in donor’s best interests and they are permitted to spend the donor’s money on things that maintain or improve the donor’s quality of live. This could involve things such as a new clothes or hairdressing or paying for extra support for the donor so that they can go out more.
What obligations are imposed upon Property and Finance Attorney’s?
The Attorney must ensure that they always act in their donor’s best interests. They must also ensure that they keep the donor’s finances separate from their own unless the Attorney already shares a joint asset with the donor, such as a joint bank account or home. Restrictions will also apply where the Attorney is seeking to sell the donor’s property especially where any proposed sale is below market value, where it is proposed that the property will be given to a third party, or where the Attorney is seeking to buy the property.
What records should an Attorney or Deputy keep?
Attorneys are required to keep a record of the donor’s assets, income and expenditure. Where the donor’s funds are spent the Attorney will need to keep a copy of all receipts. Attorneys can only claim expenses for costs that have arisen as part of their role which may include things such as reasonable travel costs.
How is an Attorney or Deputy supervised?
The Office of the Public Guardian and Court of Protection have the power to investigate the conduct of Attorneys and such investigations could extend to contact being made with third parties such as the donor’s family or care workers. Such investigations will be seeking to establish whether the Attorney has been acting in the donor’s best interests or whether the Attorney has been misusing the donor’s money for their own financial gain.
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I recently worked with Chelsea Marsh, and I couldn’t have asked for a better experience. She was professional, patient, and explained everything clearly at every stage. Chelsea made what was a very stressful situation feel manageable and guided me through to a fair and smooth resolution. I’d highly recommend her to anyone needing employment law advice.
A very inclusive service
I had had a bad experience with conveyances and decided to switch to Eric Robinson on local recommendation for a sale and purchase. I am registered severely site impaired and spoke to Megan about this and I have been very impressed with how both Emma and Megan have worked with me to accommodate this and ensure I fully understood all the written information I needed to. They have both been extremely responsive to emails and phone calls and it has helped to reduce stress associated with moving. Thank you, EMMA and Megan.
We have been guided and helped by…
We have been guided and helped by Hazzra Huxford with our house move. She has exceeded all expectations and has been so brilliant. We have felt fully supported throughout. She is efficient, professional, and so helpful. It has made the whole complicated process, easy. Answering all of our questions, which there have been a lot! Plus notifying us of things that we otherwise would have missed. She has fought for us, when we didn’t expect it. I can’t even put in to words how grateful we are to have had your help Hazzra. Thank you so much!
Excellent friendly service
Eric Robinson solicitors provided excellent service when I updated my will. Kelly Smith was professional and knowledgeable whilst remaining friendly and approachable. I was kept fully informed of progress and the process was completed swiftly and efficiently. I highly recommend Kelly Smith and Eric Robinson solicitors Francis Sanders
Hazzra recently helped me with the sale…
Hazzra recently helped me with the sale of my property, and I could not recommend instructing Hazzra enough! Hazzra was professional, thorough and extremely organised from the very beginning. I did not have to chase Hazzra once throughout the entire process, her communication was excellent and she explained every step and in a really clear and concise way. Any questions I had were answered promptly and efficiently. Hazzra was kind, considerate and patient throughout the process. A big thank you to Hazzra for making this sale seem so much more stress-free than first anticipated!
Excellent service…
Chantelle got the job done as professionally and quickly as possible despite other parties dragging their heels.
Excellent Service
I recently worked with Chelsea Marsh, and I couldn’t have asked for a better experience. She was professional, patient, and explained everything clearly at every stage. Chelsea made what was a very stressful situation feel manageable and guided me through to a fair and smooth resolution. I’d highly recommend her to anyone needing employment law advice.
A very inclusive service
I had had a bad experience with conveyances and decided to switch to Eric Robinson on local recommendation for a sale and purchase. I am registered severely site impaired and spoke to Megan about this and I have been very impressed with how both Emma and Megan have worked with me to accommodate this and ensure I fully understood all the written information I needed to. They have both been extremely responsive to emails and phone calls and it has helped to reduce stress associated with moving. Thank you, EMMA and Megan.
We have been guided and helped by…
We have been guided and helped by Hazzra Huxford with our house move. She has exceeded all expectations and has been so brilliant. We have felt fully supported throughout. She is efficient, professional, and so helpful. It has made the whole complicated process, easy. Answering all of our questions, which there have been a lot! Plus notifying us of things that we otherwise would have missed. She has fought for us, when we didn’t expect it. I can’t even put in to words how grateful we are to have had your help Hazzra. Thank you so much!
Excellent friendly service
Eric Robinson solicitors provided excellent service when I updated my will. Kelly Smith was professional and knowledgeable whilst remaining friendly and approachable. I was kept fully informed of progress and the process was completed swiftly and efficiently. I highly recommend Kelly Smith and Eric Robinson solicitors Francis Sanders
Hazzra recently helped me with the sale…
Hazzra recently helped me with the sale of my property, and I could not recommend instructing Hazzra enough! Hazzra was professional, thorough and extremely organised from the very beginning. I did not have to chase Hazzra once throughout the entire process, her communication was excellent and she explained every step and in a really clear and concise way. Any questions I had were answered promptly and efficiently. Hazzra was kind, considerate and patient throughout the process. A big thank you to Hazzra for making this sale seem so much more stress-free than first anticipated!
Excellent service…
Chantelle got the job done as professionally and quickly as possible despite other parties dragging their heels.
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Why choose Eric Robinson Solicitors?
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- Cost effective legal services that give you peace of mind
- Providing expert and trustworthy legal advice for over 60 years
- 7 offices located throughout Hampshire, London and West Sussex
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