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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 477 reviews
18 Mar 2025

Emma Gillespie was fantastic

Emma Gillespie was fantastic. She is really on top of everything, very responsive and a pleasure to work with.


Richard McLoughlin
18 Mar 2025

I’d like to say a big thank you to…

I’d like to say a big thank you to Donna and Greg for all the help during a very difficult time


Ian Ware
06 Mar 2025

Our experience was excellent

Our experience was absolutely fantastic. We are so grateful and lucky to have Sylvia Garcia as our solicitor. She was very approachable from day 0 until the end. She managed to speed things up and helped us at all times. We strongly recommend Eric Robinsons Solicitors. We had a very good experience with this company. Again, thanks Sylvia for your hard work, your empathy and for being so kind and understanding. Thank you very much !


Nat
06 Mar 2025

I used emma for a purchase recently…

I used emma for a purchase recently highly recommend good fast service.


Consumer
01 Mar 2025

Sylvia Garcia

Sylvia Garcia. Professional Calm and detail orientated with your best interests at the forefront of the transaction.


lisa oliver
28 Feb 2025

I had a great experience with the…

I had a great experience with the Solicitor Sajith Pillai throughout my property transition. Great Service and Trustworthy Serivices. Transparency is the key merit for his services Regards, Umapathy


Umapathy Desineni
18 Mar 2025

Emma Gillespie was fantastic

Emma Gillespie was fantastic. She is really on top of everything, very responsive and a pleasure to work with.


Richard McLoughlin
18 Mar 2025

I’d like to say a big thank you to…

I’d like to say a big thank you to Donna and Greg for all the help during a very difficult time


Ian Ware
06 Mar 2025

Our experience was excellent

Our experience was absolutely fantastic. We are so grateful and lucky to have Sylvia Garcia as our solicitor. She was very approachable from day 0 until the end. She managed to speed things up and helped us at all times. We strongly recommend Eric Robinsons Solicitors. We had a very good experience with this company. Again, thanks Sylvia for your hard work, your empathy and for being so kind and understanding. Thank you very much !


Nat
06 Mar 2025

I used emma for a purchase recently…

I used emma for a purchase recently highly recommend good fast service.


Consumer
01 Mar 2025

Sylvia Garcia

Sylvia Garcia. Professional Calm and detail orientated with your best interests at the forefront of the transaction.


lisa oliver
28 Feb 2025

I had a great experience with the…

I had a great experience with the Solicitor Sajith Pillai throughout my property transition. Great Service and Trustworthy Serivices. Transparency is the key merit for his services Regards, Umapathy


Umapathy Desineni
View all reviews

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