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
- 6 offices located throughout Hampshire and London
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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See what our customers say…
Excellent
Miya Smith did an excellent job on the…
Miya Smith did an excellent job on the conveyancing for the sale of our farm. She was great at communicating and prompt at replying to our queries, speaking on the phone whenever that made the process simpler or faster. I would have no hesitation in recommending her to anyone looking for a professional and approachable solicitor.
Conveyancing (Sale and Purchase)
We instructed Eric Robinson (Sarah Hogarty) for the sale of our house and purchase of a new property. Sarah and the legal team were fantastic throughout the whole process. Professional conveyancing with clear communication.
An exceptional experience
Emma Gillespie was brilliant when dealing with both the sale of my property and the purchase of our new house. She was meticulous, efficient and kept me informed of new developments every step of the way. I would not hesitate to recommend her and Eric Robinson Solicitors to anyone.
Bitterne Branch
I dealt with Michelle in the Conveyancing Dept. To say she is she is fantastic would be a vast understatement! I have worked with numerous solicitors over the years and never with one who was so proactive as opposed to being reactive. It was quite a lengthy chain but we were kept updated throughout and nothing seemed too much trouble. Could not recommend her services enough!
We are so impressed
We are in the process of buying our first home, my whole family have used eric Robinson in the past and I’m glad we have used them! Our solicitor Hannah has bent over backwards for me my husband and 2 girls, I can’t wait to give them their own rooms! This was my dream for them and I have actually achieved it! Im so thankful to Hannah for helping make it possible. Thank you 😊 x
Hazzra was absolutely outstanding – truly an asset to Eric Robinson!
I was amazed at how smoothly and quickly the purchasing process was handled. After a previous bad experience with another firm, where I had to pull out of a purchase due to poor service, I was honestly nervous to start again. But Hazzra completely restored my faith in the conveyancing process. From start to finish, she provided clear and continuous updates, ensuring I understood every step of the transaction. Her professionalism, efficiency, and genuine care made what could have been a stressful process feel effortless. Without a doubt, I will be requesting Hazzra for all future property purchases as well as recommending to friends and family. Thank you once again for your exceptional work – you’ve truly made this experience a pleasure!
Miya Smith did an excellent job on the…
Miya Smith did an excellent job on the conveyancing for the sale of our farm. She was great at communicating and prompt at replying to our queries, speaking on the phone whenever that made the process simpler or faster. I would have no hesitation in recommending her to anyone looking for a professional and approachable solicitor.
Conveyancing (Sale and Purchase)
We instructed Eric Robinson (Sarah Hogarty) for the sale of our house and purchase of a new property. Sarah and the legal team were fantastic throughout the whole process. Professional conveyancing with clear communication.
An exceptional experience
Emma Gillespie was brilliant when dealing with both the sale of my property and the purchase of our new house. She was meticulous, efficient and kept me informed of new developments every step of the way. I would not hesitate to recommend her and Eric Robinson Solicitors to anyone.
Bitterne Branch
I dealt with Michelle in the Conveyancing Dept. To say she is she is fantastic would be a vast understatement! I have worked with numerous solicitors over the years and never with one who was so proactive as opposed to being reactive. It was quite a lengthy chain but we were kept updated throughout and nothing seemed too much trouble. Could not recommend her services enough!
We are so impressed
We are in the process of buying our first home, my whole family have used eric Robinson in the past and I’m glad we have used them! Our solicitor Hannah has bent over backwards for me my husband and 2 girls, I can’t wait to give them their own rooms! This was my dream for them and I have actually achieved it! Im so thankful to Hannah for helping make it possible. Thank you 😊 x
Hazzra was absolutely outstanding – truly an asset to Eric Robinson!
I was amazed at how smoothly and quickly the purchasing process was handled. After a previous bad experience with another firm, where I had to pull out of a purchase due to poor service, I was honestly nervous to start again. But Hazzra completely restored my faith in the conveyancing process. From start to finish, she provided clear and continuous updates, ensuring I understood every step of the transaction. Her professionalism, efficiency, and genuine care made what could have been a stressful process feel effortless. Without a doubt, I will be requesting Hazzra for all future property purchases as well as recommending to friends and family. Thank you once again for your exceptional work – you’ve truly made this experience a pleasure!
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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
- 6 offices located throughout Hampshire and London
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