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.
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 Solicitor
Sajith Pillai acted as my conveyancing solicitor for buying my property, he provided great support and completed all the necessary checks in short time. He checks everything and raise it to concerned parties for the clarification. He communicated every bit of information to me in detailed manner and it is very easy to understand. He helped us in understanding the process well and always available to clarify my doubts, I am very happy with his service provided to us. I would definitely recommend him. Thank you Sajith 🙂
Outstanding service provided by Angela and Eric Robinson
Angela Payne acted as my conveyancing solicitor for the sale of my property and throughout the entire process, the service she provided was outstanding! From initial appointment and through to completion, communication was both clear and prompt, enabling me to make informed decisions. At times, where the transaction was being frustrated by the other party to the sale, Angela always made herself available for a phone call, providing both reassurance and soundboarding on ideas on how to keep the transaction moving forward, whilst maintaining a friendly and professional manner at all times. I felt confident that she was acting in my best interests. Angela is an excellent representative of Eric Robinson, and I am very grateful for the services she provided and would highly recommend.
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.
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.
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
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.
Excellent Solicitor
Sajith Pillai acted as my conveyancing solicitor for buying my property, he provided great support and completed all the necessary checks in short time. He checks everything and raise it to concerned parties for the clarification. He communicated every bit of information to me in detailed manner and it is very easy to understand. He helped us in understanding the process well and always available to clarify my doubts, I am very happy with his service provided to us. I would definitely recommend him. Thank you Sajith 🙂
Outstanding service provided by Angela and Eric Robinson
Angela Payne acted as my conveyancing solicitor for the sale of my property and throughout the entire process, the service she provided was outstanding! From initial appointment and through to completion, communication was both clear and prompt, enabling me to make informed decisions. At times, where the transaction was being frustrated by the other party to the sale, Angela always made herself available for a phone call, providing both reassurance and soundboarding on ideas on how to keep the transaction moving forward, whilst maintaining a friendly and professional manner at all times. I felt confident that she was acting in my best interests. Angela is an excellent representative of Eric Robinson, and I am very grateful for the services she provided and would highly recommend.
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.
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.
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
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.
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