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
- 6 offices located throughout Hampshire and London
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
Amazing service from Chantelle
Highly recommend Chantelle at Eric Robinson Solicitors. She was brilliant throughout our whole process. Her communication was amazing, she reassured us that no question was too silly and was very efficient with replying to emails and answering the phone. Our process would not have gone through as quickly if it wasn’t for her. We are extremely grateful for her hard work and commitment to our case.
Leasehold Flat sale
Excellent service from start to end of process in the sale of a Leashold Flat, any questions answered promptly and was kept upto date with progress being made.
Above and beyond hard working
Eric Robertson has been my family solicitors since I was a little boy (I am in my 50s). We have always used them as their dedication to help knows no bounds. Recently I dealt with Jodi, Sarah and Charlie in regards to a complicated house sale and they were amazing. I cannot recommend Eric Robertsons enough. 10 stars! (out of five)
Completion with great experience
I have successfully completed the transfer of equity with help from Sylvia Garcia as my solicitor. The experience has been fantastic – I deeply appreciate her understanding of my personal situation and managed to give both guidance and priority at all time. She has been approachable and responsive. Thanks again for your time!
Excellent service
Excellent service provided by Emma at Eric Robinson Solicitors who undertook the conveyancing for the sale of our bungalow. She acted professionally throughout, was responsive and worked hard to secure completion in very quick time. Communication was first class, we were never left wondering what was happening, Emma gave us regular updates and notified us when things changed. Based on our experience, we would definitely recommend Eric Robinson Solicitors.
Excellent service
Excellent service, always available, kept us well informed. Went above and beyond to help where needed
Amazing service from Chantelle
Highly recommend Chantelle at Eric Robinson Solicitors. She was brilliant throughout our whole process. Her communication was amazing, she reassured us that no question was too silly and was very efficient with replying to emails and answering the phone. Our process would not have gone through as quickly if it wasn’t for her. We are extremely grateful for her hard work and commitment to our case.
Leasehold Flat sale
Excellent service from start to end of process in the sale of a Leashold Flat, any questions answered promptly and was kept upto date with progress being made.
Above and beyond hard working
Eric Robertson has been my family solicitors since I was a little boy (I am in my 50s). We have always used them as their dedication to help knows no bounds. Recently I dealt with Jodi, Sarah and Charlie in regards to a complicated house sale and they were amazing. I cannot recommend Eric Robertsons enough. 10 stars! (out of five)
Completion with great experience
I have successfully completed the transfer of equity with help from Sylvia Garcia as my solicitor. The experience has been fantastic – I deeply appreciate her understanding of my personal situation and managed to give both guidance and priority at all time. She has been approachable and responsive. Thanks again for your time!
Excellent service
Excellent service provided by Emma at Eric Robinson Solicitors who undertook the conveyancing for the sale of our bungalow. She acted professionally throughout, was responsive and worked hard to secure completion in very quick time. Communication was first class, we were never left wondering what was happening, Emma gave us regular updates and notified us when things changed. Based on our experience, we would definitely recommend Eric Robinson Solicitors.
Excellent service
Excellent service, always available, kept us well informed. Went above and beyond to help where needed
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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
- 6 offices located throughout Hampshire and London
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