Attorney and Deputy Advice

 

Wills Trusts and Probate

We love to get to know our customers, to really understand their situation

Linda Jones 

Director of Legal Services - Private Client

Insolvency

Duties of Attorneys and Deputies

Attorney and Deputy Advice

When you start acting as an Attorney or a Deputy it is often at a time of crisis and it can can be a difficult to know what your responsibilities are.  Our team of Specialist Lawyers can provide advice and support to you in your role.

Download our FREE - 'Getting started as an Attorney' leaflet here.

Duties of Attorneys and Deputies

You have a number of duties you need to be aware of. 

You must:

  • Respect the principles of the Mental Capacity Act 2005 and the Code of Practice
  • Make decisions in the donor or protected party’s best interests
  • Act within the scope of your appointment
  • Neither you, nor your friends or relatives, can benefit from your appointment

It is important that you check the document appointing you in case you are restricted in what you can do as an Attorney or Deputy. 

Financial Attorneys and Deputies

You need to hold the donor or protected party’s finances and property separately.

There are many issues you should seek specialist advice on, these can include:

  • Investment advice
  • Renting out the donor or protected party’s home, any building or home improvements to the donor or protected party’s home
  • Making gifts
  • You, family members or friends being paid to provide care
  • Employing someone to provide care
  • Selling or buying a property for the donor or protected party’s home
  • Conflict over a course of action with your co-attorneys
  • Other members of the family wanting to make a decision you don’t feel is in the best interests of the person you are an attorney for
  • Stepping down as an Attorney

If the Office of the Public Guardian feels you have not acted in the donor or protected party’s best interests they could remove you and require you to pay funds back.   With the right advice, at the right time, you can avoid problems in the future.

Being an attorney or deputy carries a lot of responsibility if you would like the right advice to make sure you are complying with your duties and guidance have the specialist knowledge to support you.

If you need to apply to the Court of Protection we can provide advice on the application and deal with the application for you.

We have also information about making a Lasting Power of Attorney and applying to be appointed as a Deputy Court of Protection.

 

  • Sarah Horton
      • 01295 661535
      • 07791 229307
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  • Linda Jones
      • Linda Jones
      • Director of Legal Services - Private Client
      • 01788 557588
      • 07974 087374
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  • Jules Mackenzie
      • 01295 661556
      • 07342 666657
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  • Lindsay Gutteridge
      • 01788 557572
      • 07816 450407
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  • Emma Stewart
      • 01869 255912
      • 07972 502099
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  • Annabel Burchett
      • 01788 557668
      • 07387 647797
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  • Holly Pearce
      • 01295 661454
      • 07387 647775
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  • Nakita Smith
      • 01869 255925
      • 07972 494844
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  • Amber Morris
      • 01788 557641
      • 07971 126245
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  • Laura Stuart
      • 01788 557571
      • 07972 502477
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  • Zeki Aslan
      • 01788 557647
      • 07970 872061
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  • Victoria Lea-Holton
      • 01295 661587
      • 07342 666651
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  • Anastasios Ampatzis
      • 01788 557639
      • 07811189133
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  • Leah Bignell
      • 01295 661532
      • 07387 647787
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  • Sophie Forsyth
      • 01788 557620
      • 07387 647778
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  • Nimita Rana
      • 01788 557575
      • 07805 739696
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  • Donna Savin
      • 01869 255910
      • 07387 647792
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