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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Very professional friendly service. Emma and Meghan were organised and efficient and good value for money.
Exceptional support and professionalism
I recently worked with Chelsea Marsh, and I cannot recommend her highly enough. From start to finish, Chelsea provided outstanding support, clear guidance, and consistently prompt communication. She handled my settlement agreement under a very short deadline and still delivered an incredibly thorough and professional service. Chelsea made the entire process far less stressful and ensured I understood every step along the way. Her expertise, patience, and straightforward communication were invaluable, and I am genuinely grateful for everything she did on my behalf. I would confidently recommend Chelsea to anyone seeking a solicitor who is both highly skilled and supportive.
Eric Robinson’s probate…
Having utilized Eric Robinson’s probate services, the level of expertise and service I received was excellent . Any queries or requests I had, were dealt with promptly and effectively. Highly recommended !!!
I cannot fault the service I received…
I cannot fault the service I received from Eric Robinson bitterne branch. Samantha Gilby was our conveyancer and she was absolutely brilliant from beginning to end. Our purchase went from offer to completion in just under 11 weeks. She was so helpful and her communication was brilliant. I would highly, highly recommend.
Superb personal support
I had recent dealings with Chelsea at Eric Robinson solicitors in relation to a workplace legal requirement I had. Initially I contacted 2 other local firms, but in-between feeling pushed upon, over quoted and slightly sidelined, I was fortunate enough to speak with Chelsea Marsh at ER. What a refreshing, professional and diligent service she provided from start to finish. Her advice was always neutral, never pushy, and she very clearly outlined options / understandings etc – meaning I was able to clearly make my own mind up in an unpressured way. The service was VFM, and Chelsea was always communicating any significant issues / questions etc. I strongly recommend.
Leigh Burwood was very knowledgeable
Leigh Burwood was very knowledgeable, very very patient explaining everything to me carefully So I could understand and gave great knowledge advice
Very professional friendly service.
Very professional friendly service. Emma and Meghan were organised and efficient and good value for money.
Exceptional support and professionalism
I recently worked with Chelsea Marsh, and I cannot recommend her highly enough. From start to finish, Chelsea provided outstanding support, clear guidance, and consistently prompt communication. She handled my settlement agreement under a very short deadline and still delivered an incredibly thorough and professional service. Chelsea made the entire process far less stressful and ensured I understood every step along the way. Her expertise, patience, and straightforward communication were invaluable, and I am genuinely grateful for everything she did on my behalf. I would confidently recommend Chelsea to anyone seeking a solicitor who is both highly skilled and supportive.
Eric Robinson’s probate…
Having utilized Eric Robinson’s probate services, the level of expertise and service I received was excellent . Any queries or requests I had, were dealt with promptly and effectively. Highly recommended !!!
I cannot fault the service I received…
I cannot fault the service I received from Eric Robinson bitterne branch. Samantha Gilby was our conveyancer and she was absolutely brilliant from beginning to end. Our purchase went from offer to completion in just under 11 weeks. She was so helpful and her communication was brilliant. I would highly, highly recommend.
Superb personal support
I had recent dealings with Chelsea at Eric Robinson solicitors in relation to a workplace legal requirement I had. Initially I contacted 2 other local firms, but in-between feeling pushed upon, over quoted and slightly sidelined, I was fortunate enough to speak with Chelsea Marsh at ER. What a refreshing, professional and diligent service she provided from start to finish. Her advice was always neutral, never pushy, and she very clearly outlined options / understandings etc – meaning I was able to clearly make my own mind up in an unpressured way. The service was VFM, and Chelsea was always communicating any significant issues / questions etc. I strongly recommend.
Leigh Burwood was very knowledgeable
Leigh Burwood was very knowledgeable, very very patient explaining everything to me carefully So I could understand and gave great knowledge advice
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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
- 7 offices located throughout Hampshire, London and West Sussex
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