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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.

Dispute Resolution

FAQs

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.

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.

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.

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.

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.

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.

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.

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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See what our customers say…

Excellent

Based on 511 reviews
07 Aug 2025

I received excellent support and…

I received excellent support and guidance from Terry Campbell- Barnard, after the death of my husband, in managing the registering of probate and transfer of property into my name.


PK
06 Aug 2025

Highly recommended for first time buyers

We used Eric Robinson to help with the purchase of our first home. Miya was absolutely brilliant and we couldn’t recommend her enough. Great communication, fast responses and she answered any queries we had. If you’re purchasing a home, definitely consider Eric Robinson – they made the process far less stressful than what I had anticipated for it to have been!


Claudia
01 Aug 2025

I had been a customer around 20 years…

I had been a customer around 20 years ago and needed some help. I feel Eric Robinson went above and beyond to help me with no gain to themselves. Great service!!


Consumer
31 Jul 2025

Our “quick” sale was in fact a marathon…

Our “quick” sale was in fact a marathon due to things out of our control but luckily we had Sylvia Garcia on our side the whole time fighting many battles and tackling some complex situations. I spent a lot of time speaking with her on the phone and her knowledge and professionalism knows no boundaries. She was a pleasure to deal with. We are very grateful for Sylvia. Would recommend 100%.


simon bruton
10 Jul 2025

Excellent Support and Communication Throughout My Home Purchase

I recently worked with Sarah Hogarty, Associate Solicitor in the Residential Conveyancing Department at Eric Robinson Solicitors and her fabulous team, for the purchase of my new home, and I couldn’t be more pleased with the service I received. Sarah and her team were incredibly patient and helpful throughout the entire process. They took the time to answer all of my questions clearly, no matter how small, and always made sure I was kept in the loop. Communication was excellent from start to finish, which gave me real peace of mind. Thanks to their professionalism and support, the whole experience felt much less stressful than I expected. I’m truly grateful for their help and would highly recommend Sarah and her team to anyone going through the home-buying process.


Happy Mum
08 Jul 2025

What should have been a relatively…

What should have been a relatively straightforward sale became more complex after part of the chain fell through but Sylvia Garcia worked with us throughout the process and we managed to get it over the line after a lot of work. Highly recommended


Thomas Luby
07 Aug 2025

I received excellent support and…

I received excellent support and guidance from Terry Campbell- Barnard, after the death of my husband, in managing the registering of probate and transfer of property into my name.


PK
06 Aug 2025

Highly recommended for first time buyers

We used Eric Robinson to help with the purchase of our first home. Miya was absolutely brilliant and we couldn’t recommend her enough. Great communication, fast responses and she answered any queries we had. If you’re purchasing a home, definitely consider Eric Robinson – they made the process far less stressful than what I had anticipated for it to have been!


Claudia
01 Aug 2025

I had been a customer around 20 years…

I had been a customer around 20 years ago and needed some help. I feel Eric Robinson went above and beyond to help me with no gain to themselves. Great service!!


Consumer
31 Jul 2025

Our “quick” sale was in fact a marathon…

Our “quick” sale was in fact a marathon due to things out of our control but luckily we had Sylvia Garcia on our side the whole time fighting many battles and tackling some complex situations. I spent a lot of time speaking with her on the phone and her knowledge and professionalism knows no boundaries. She was a pleasure to deal with. We are very grateful for Sylvia. Would recommend 100%.


simon bruton
10 Jul 2025

Excellent Support and Communication Throughout My Home Purchase

I recently worked with Sarah Hogarty, Associate Solicitor in the Residential Conveyancing Department at Eric Robinson Solicitors and her fabulous team, for the purchase of my new home, and I couldn’t be more pleased with the service I received. Sarah and her team were incredibly patient and helpful throughout the entire process. They took the time to answer all of my questions clearly, no matter how small, and always made sure I was kept in the loop. Communication was excellent from start to finish, which gave me real peace of mind. Thanks to their professionalism and support, the whole experience felt much less stressful than I expected. I’m truly grateful for their help and would highly recommend Sarah and her team to anyone going through the home-buying process.


Happy Mum
08 Jul 2025

What should have been a relatively…

What should have been a relatively straightforward sale became more complex after part of the chain fell through but Sylvia Garcia worked with us throughout the process and we managed to get it over the line after a lot of work. Highly recommended


Thomas Luby
View all reviews

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