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
- 8 offices spanning Hampshire, London, West Sussex & Wiltshire
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
Probate
I contacted Kristen Wood to arrange an appointment in March to talk about my late husbands estate. Kristen had previously handled my father in laws estate in 2021 and we were very pleased with the service received. My husbands estate was quite straightforward and Kristen provided me with an effective way to pursue probate. I received the same great service as before and all was completed at the beginning of May. I would not hesitate to use Eric Robinson again in the future. From start to finish Kristen was professional whilst being sympathetic to my current situation. There would be no hesitation in recommending the Chandlers Ford office simply because the staff and service are first class.
Sale of my flat
Emma helped with the process of selling my flat, it wasn’t the most smoothest of sales (external issues) but she worked hard to get all completed. Emma was great at communicating throughout the process, and supporting and helping me with sale. Thankyou Emma.
Fantastic communication – a smooth and stress-free experience!
We couldn’t be happier with the service we received from Eric Robinson Solicitors. Hazzra Huxford and Sylvia Garcia were both fantastic working on the sale of our property and onward purchase. We exchanged contracts just 6.5 weeks after offers were accepted! The whole experience was smooth and stress free, with the best communication and continuous regular updates we’ve experienced working with a conveyancing solicitor. We would highly recommend Eric Robinson Solicitors.
Eric Robinson Solicitors, solid choice.
Eric Robinson Solicitors has a solid reputation for providing efficient and competent legal services, without inflated pricing. We favoured them when choosing a conveyancing solicitor for the sale of our property and purchase of a new home. Miya Smith at the Winchester office guided us through the process efficiently and with great care, bringing a laser like focus and dealing promptly with a range of issues. We decided not to proceed with one property following the survey and switched to another. The change of direction was accommodated smoothly and between the two properties a wide range of issues were highlighted to us, together with clear options and recommendations. One property had land attached and the services of a commercial land specialist were available when required. We felt well informed about the issues revealed and able to proceed with our eyes open. We are now in our new home and grateful for the very professional service provided. Our particular thanks go to Miya who enhances Eric Robinson’s reputation. Highly recommended.
Chantelle Bennett was my solicitor for…
Chantelle Bennett was my solicitor for the sale of our house and for the purchase of our new house, I found her and her colleague ( Megan ) to be extremely professional, pleasant , helpful and aslo kind 🙂 would highly recommend and would definitely use for anything I need in the future, Thank you Both , Jerry
Great service
Great service from start to finish. We used Miya at Eric Robinson to carry out the services of the sale of our house she/they provided a competitive quote and reassurance, Miya kept in contact with regular updates and some good advice and guidance along the way with selling our first house. I would highly recommend them and Miya’s services! Thanks again!!
Probate
I contacted Kristen Wood to arrange an appointment in March to talk about my late husbands estate. Kristen had previously handled my father in laws estate in 2021 and we were very pleased with the service received. My husbands estate was quite straightforward and Kristen provided me with an effective way to pursue probate. I received the same great service as before and all was completed at the beginning of May. I would not hesitate to use Eric Robinson again in the future. From start to finish Kristen was professional whilst being sympathetic to my current situation. There would be no hesitation in recommending the Chandlers Ford office simply because the staff and service are first class.
Sale of my flat
Emma helped with the process of selling my flat, it wasn’t the most smoothest of sales (external issues) but she worked hard to get all completed. Emma was great at communicating throughout the process, and supporting and helping me with sale. Thankyou Emma.
Fantastic communication – a smooth and stress-free experience!
We couldn’t be happier with the service we received from Eric Robinson Solicitors. Hazzra Huxford and Sylvia Garcia were both fantastic working on the sale of our property and onward purchase. We exchanged contracts just 6.5 weeks after offers were accepted! The whole experience was smooth and stress free, with the best communication and continuous regular updates we’ve experienced working with a conveyancing solicitor. We would highly recommend Eric Robinson Solicitors.
Eric Robinson Solicitors, solid choice.
Eric Robinson Solicitors has a solid reputation for providing efficient and competent legal services, without inflated pricing. We favoured them when choosing a conveyancing solicitor for the sale of our property and purchase of a new home. Miya Smith at the Winchester office guided us through the process efficiently and with great care, bringing a laser like focus and dealing promptly with a range of issues. We decided not to proceed with one property following the survey and switched to another. The change of direction was accommodated smoothly and between the two properties a wide range of issues were highlighted to us, together with clear options and recommendations. One property had land attached and the services of a commercial land specialist were available when required. We felt well informed about the issues revealed and able to proceed with our eyes open. We are now in our new home and grateful for the very professional service provided. Our particular thanks go to Miya who enhances Eric Robinson’s reputation. Highly recommended.
Chantelle Bennett was my solicitor for…
Chantelle Bennett was my solicitor for the sale of our house and for the purchase of our new house, I found her and her colleague ( Megan ) to be extremely professional, pleasant , helpful and aslo kind 🙂 would highly recommend and would definitely use for anything I need in the future, Thank you Both , Jerry
Great service
Great service from start to finish. We used Miya at Eric Robinson to carry out the services of the sale of our house she/they provided a competitive quote and reassurance, Miya kept in contact with regular updates and some good advice and guidance along the way with selling our first house. I would highly recommend them and Miya’s services! Thanks again!!
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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
- 8 offices spanning Hampshire, London, West Sussex & Wiltshire
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