Attorneys and Deputies

When a loved one loses the capacity to make decisions for themselves, then someone will need to be appointed to make those decisions for them. If they had registered a Lasting Powers of Attorney when they still had capacity then the person they chose will step in. If an LPA was not registered then usually a Deputy will be appointed by the Court of Protection. 

In either case, when they are making decisions on behalf of the person that has lost capacity (referred to as the donor) then they must do so with the donor’s best interests in mind. If you are concerned about who has been appointed an Attorney or Deputy, you are worried about the decisions that they are making, or if there is a disagreement between Attorneys, then we can help.

If there are concerns about the actions of an Attorney or Deputy then these can be raised. Often, these concerns are about the decisions being made about the donor’s medical treatment, care or where they live. Alternatively, there could be concerns about the handling of their finances, how it is being managed, spent, or invested.

Sometimes there are more serious concerns, involving an Attorney or Deputy who is acting in their own interests instead of those of the donor. If a donor’s money is being spent by an Attorney or Deputy as if it were their own then this is considered to be financial abuse and is a very serious crime.

If you have any concerns about the actions of an Attorney or Deputy, or if you are defending a claim made against you, then we have the expertise to help you. We have a wealth of experience supporting families to protect their loved one’s best interests so do not hesitate to get advice on how best to protect yours. 

Talk to us about Attorney or Deputy disputes.