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
Excellent service
Sarah was incredibly efficient and responsive when handling our house move conveyancing. With the help of Charlie we were kept fully informed and they communicated well. I would particularly like to thank Sarah for pushing through our purchase in a very tight timeframe as I know that this would have been difficult alongside her other work commitments. I would have no hesitation in recommending her and Eric Robinson to others.
Amazing service, great experience! Would never go anywhere else
I cannot thank Emma of the chandlers Ford branch enough for her hard work , honesty and professionalism in selling my property! As a first time buyer and a first time seller, it was all new territory for me and after using Eric Robinson, the Bitterne branch, when purchasing the property I never hesitated to instruct them again. Emma picked up my case and from start to finish I was incredibly satisfied with the service received and a very fair price too. She was incredibly professional , but most importantly, human, answered any questions I had no matter how silly I may of thought they were! I cannot recommend enough and when/if I look to purchase in the Uk in the future I will be going straight back here! Thank you so much for everything during this stressful process, you made it as easy as it could have been! Thank you!!
First time buyers
We used Eric Robinson after being recommended by a friend. Previous to this, we were using another solicitor and were not getting anywhere with them. When we moved to Eric Robinson, we were met with professionalism and Chantelle was able to answer all of our questions and queries swiftly. She was able to put us at ease, and kept us up to date with any updates. Brilliant service from start to finish and we will be definitely recommending her and Eric Robinson again! Thank you!
Excellent Service
Excellent professional service for the sale of my brother’s flat and I was kept well informed throughout the process which was hassle free up to exchange of contracts.
Emma Gillespie was fantastic
Emma Gillespie was fantastic. She is really on top of everything, very responsive and a pleasure to work with.
I’d like to say a big thank you to…
I’d like to say a big thank you to Donna and Greg for all the help during a very difficult time
Excellent service
Sarah was incredibly efficient and responsive when handling our house move conveyancing. With the help of Charlie we were kept fully informed and they communicated well. I would particularly like to thank Sarah for pushing through our purchase in a very tight timeframe as I know that this would have been difficult alongside her other work commitments. I would have no hesitation in recommending her and Eric Robinson to others.
Amazing service, great experience! Would never go anywhere else
I cannot thank Emma of the chandlers Ford branch enough for her hard work , honesty and professionalism in selling my property! As a first time buyer and a first time seller, it was all new territory for me and after using Eric Robinson, the Bitterne branch, when purchasing the property I never hesitated to instruct them again. Emma picked up my case and from start to finish I was incredibly satisfied with the service received and a very fair price too. She was incredibly professional , but most importantly, human, answered any questions I had no matter how silly I may of thought they were! I cannot recommend enough and when/if I look to purchase in the Uk in the future I will be going straight back here! Thank you so much for everything during this stressful process, you made it as easy as it could have been! Thank you!!
First time buyers
We used Eric Robinson after being recommended by a friend. Previous to this, we were using another solicitor and were not getting anywhere with them. When we moved to Eric Robinson, we were met with professionalism and Chantelle was able to answer all of our questions and queries swiftly. She was able to put us at ease, and kept us up to date with any updates. Brilliant service from start to finish and we will be definitely recommending her and Eric Robinson again! Thank you!
Excellent Service
Excellent professional service for the sale of my brother’s flat and I was kept well informed throughout the process which was hassle free up to exchange of contracts.
Emma Gillespie was fantastic
Emma Gillespie was fantastic. She is really on top of everything, very responsive and a pleasure to work with.
I’d like to say a big thank you to…
I’d like to say a big thank you to Donna and Greg for all the help during a very difficult time
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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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