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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.

Dispute Resolution

FAQs

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.

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.

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.

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.

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.

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.

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.

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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Excellent

Based on 421 reviews
27 Aug 2024

Experienced Residential Conveyancing Solicitors

I had the pleasure of working with Eric Robinson Solicitors for the purchase of my home, and I am extremely satisfied with the service provided. Mr Sajith Pillai was highly professional, efficient, and kept me informed every step of the way. They made the typically stressful and complex process of buying a home feel seamless and easy. I would strongly recommend Eric Robinson Solicitors to anyone seeking a residential conveyancing solicitor. Thank you.


Nick
23 Aug 2024

Great service!

Great service from Sajith. Very good communication and constantly updated us. Thank you for everything- really appreciate it. Helped us achieve our dream home.


Nisha Thomas
22 Aug 2024

Excellent service

Eric Robinson Solicitors service was excellent.Our designated solicitor Sajith was excellent in all his dealings with us. He was very efficient and very fast with his replies, ensuring that all our doubts and questions were answered. We would highly recommend him to any of our friends and family. Thank you Eric Robinson Solicitors


Annis Panikulam
21 Aug 2024

Made the sale and purchase of our…

Made the sale and purchase of our property stress free. Provided easy non jargon communication. A special mention to Hannah Jones and Carly Dawson who worked extremely hard.


Darren
21 Aug 2024

House sale

Selling my property was made that much easier, with Eric robinson solicitors, communication through the whole process was perfect, also big thank you to Carly.


allan hall
08 Aug 2024

Excellent Service

Following the death of my father, I needed a solicitor to handle probate for the estate and to sell his house. Eric Robinson were recommended to me, and I wasn’t disappointed. Everyone I death with was friendly, helpful and professional, and I am delighted with the service I received. My thanks to Kristen, Sarah, Bernadette and Megan for everything they did.


customer
27 Aug 2024

Experienced Residential Conveyancing Solicitors

I had the pleasure of working with Eric Robinson Solicitors for the purchase of my home, and I am extremely satisfied with the service provided. Mr Sajith Pillai was highly professional, efficient, and kept me informed every step of the way. They made the typically stressful and complex process of buying a home feel seamless and easy. I would strongly recommend Eric Robinson Solicitors to anyone seeking a residential conveyancing solicitor. Thank you.


Nick
23 Aug 2024

Great service!

Great service from Sajith. Very good communication and constantly updated us. Thank you for everything- really appreciate it. Helped us achieve our dream home.


Nisha Thomas
22 Aug 2024

Excellent service

Eric Robinson Solicitors service was excellent.Our designated solicitor Sajith was excellent in all his dealings with us. He was very efficient and very fast with his replies, ensuring that all our doubts and questions were answered. We would highly recommend him to any of our friends and family. Thank you Eric Robinson Solicitors


Annis Panikulam
21 Aug 2024

Made the sale and purchase of our…

Made the sale and purchase of our property stress free. Provided easy non jargon communication. A special mention to Hannah Jones and Carly Dawson who worked extremely hard.


Darren
21 Aug 2024

House sale

Selling my property was made that much easier, with Eric robinson solicitors, communication through the whole process was perfect, also big thank you to Carly.


allan hall
08 Aug 2024

Excellent Service

Following the death of my father, I needed a solicitor to handle probate for the estate and to sell his house. Eric Robinson were recommended to me, and I wasn’t disappointed. Everyone I death with was friendly, helpful and professional, and I am delighted with the service I received. My thanks to Kristen, Sarah, Bernadette and Megan for everything they did.


customer
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