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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See what our customers say…
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Excellent service…
Chantelle got the job done as professionally and quickly as possible despite other parties dragging their heels.
Really pleased with the way that Hazzra…
Really pleased with the way that Hazzra Huxford dealt with the sale of my deceased mum’s house. Professional, responsive and generally top-draw. The responsiveness couldn’t have been better (and this is crucial in dealing with such matters), she was on it from the word go. Couldn’t have asked for more, and feel I lucked out having her do my convenancing.
An excellent service.
My brother and me instructed Chantelle for the conveyancing of the property that had been the family home for 59 years. It was not a good time for us following the death of our father and our mother being moved to a nursing home. We chose Eric Robinson because we were very content with they way they were handling the probate for our father’s will. Throughout the process, Chantelle has been very courteous and helpful. She has helped to move things along nice and quickly despite what appeared to be the best efforts of the estate agent and buyers’ solicitor to hold things up. I cannot think of any negative points at all and woul highly recommend Chantelle to anyone looking for a conveyancing solicitor.
Employment Issue
I had a small contractual issue to settle with my ex-employer, which Chelsea Marsh assisted me with. She was absolutely excellent; communication was flawless and she helped me to achieve my objectives. Would highly recommend.
Miya was always calm
Miya was always calm, efficient and a good listener during a surprisingly difficult and protracted conveyancing process.
Hazzra Huxford is exceptional!
Hazzra Huxford at Eric Robinson is truly exceptional at her job, and I’d recommend dealing with her to anyone. She recently dealt with a property purchase for me. Hazzra was extremely professional and efficient throughout the whole process. All of the information she provided me with was very well communicated and she carried out all of the necessary research and enquiries in great detail and depth. I was absolutely confident nothing at all would be missed or quickly skimmed through! I felt no need to chase Hazzra up on anything at any point, as it became clear to me (very early on!) that she would reach out to let me know as soon as there were updates on/or I needed to action anything. I’m a first time buyer but Hazzra made the solicitor side of things a breeze and pretty much stress free on my side. I’m very grateful. Thank you so much, Hazzra!
Excellent service…
Chantelle got the job done as professionally and quickly as possible despite other parties dragging their heels.
Really pleased with the way that Hazzra…
Really pleased with the way that Hazzra Huxford dealt with the sale of my deceased mum’s house. Professional, responsive and generally top-draw. The responsiveness couldn’t have been better (and this is crucial in dealing with such matters), she was on it from the word go. Couldn’t have asked for more, and feel I lucked out having her do my convenancing.
An excellent service.
My brother and me instructed Chantelle for the conveyancing of the property that had been the family home for 59 years. It was not a good time for us following the death of our father and our mother being moved to a nursing home. We chose Eric Robinson because we were very content with they way they were handling the probate for our father’s will. Throughout the process, Chantelle has been very courteous and helpful. She has helped to move things along nice and quickly despite what appeared to be the best efforts of the estate agent and buyers’ solicitor to hold things up. I cannot think of any negative points at all and woul highly recommend Chantelle to anyone looking for a conveyancing solicitor.
Employment Issue
I had a small contractual issue to settle with my ex-employer, which Chelsea Marsh assisted me with. She was absolutely excellent; communication was flawless and she helped me to achieve my objectives. Would highly recommend.
Miya was always calm
Miya was always calm, efficient and a good listener during a surprisingly difficult and protracted conveyancing process.
Hazzra Huxford is exceptional!
Hazzra Huxford at Eric Robinson is truly exceptional at her job, and I’d recommend dealing with her to anyone. She recently dealt with a property purchase for me. Hazzra was extremely professional and efficient throughout the whole process. All of the information she provided me with was very well communicated and she carried out all of the necessary research and enquiries in great detail and depth. I was absolutely confident nothing at all would be missed or quickly skimmed through! I felt no need to chase Hazzra up on anything at any point, as it became clear to me (very early on!) that she would reach out to let me know as soon as there were updates on/or I needed to action anything. I’m a first time buyer but Hazzra made the solicitor side of things a breeze and pretty much stress free on my side. I’m very grateful. Thank you so much, Hazzra!
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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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