Attorneys and Deputies
We help attorneys of Enduring and Lasting Powers of Attorney as well as Court appointed deputies. We provide pragmatic legal advice delivered in plain English so you can continue to carry out your role as effectively as possible.
Being responsible for a person’s finances either as an attorney under a lasting Power of Attorney or as a Court appointed Deputy can be a daunting prospect. It is therefore essential that Attorneys and Deputies fully understand the nature of their roles and act in the best interests of the donor or protected party at all times.
Whilst Attorneys are not supervised by the Office of the Public Guardian (OPG), they can be investigated by the OPG if there is reason to believe that they are acting improperly or not acting when they were expected to (e.g. under a specific instruction in the Lasting Power of Attorney).
We advise Attorneys on a range of issues such as when they can register a Lasting Power of Attorney, what they can and cannot do as an Attorney, how to make decisions on behalf of the donor, what restrictions may have been placed upon them by the Lasting Power of Attorney and how to keep records of the donor’s incomings and outgoings to show where the donor’s money is being spent. We can also help attorneys who need to make an application to the Court of Protection for a statutory Will or a one-off decision that requires an order from the Court.
Deputies appointed by the Court of Protection are subject to supervision and scrutiny by the OPG. A Deputy is required to submit an annual report to the OPG confirming the decisions they have made (and why) on behalf of the protected party together with details of the protected party’s assets, accounts and expenditure (as managed by the Deputy). We often hear that Deputy’s find the annual report onerous, even where proper records have been kept. Our Solicitors have experience of helping Deputies to navigate through the demands of their role which can also include making an unexpected and sometimes urgent application to the Court of Protection.
We can meet you at home, our office, your office or any other location to suit you. We also offer meetings by online video (such as Zoom, Skype and Microsoft Teams) or by telephone.
Make an appointment
For urgent Powers of Attorney contact Paul ClarkTEP