Attorney and Deputy Advice

When you start acting as an Attorney or a Deputy it is often at a sensitive time and it 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 'Getting started as an Attorney' leaflet here.

" We work closely with clients to ensure they have a thorough understanding of their options.”

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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 any misused 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.

Contact our team in Banbury, Bicester and Rugby

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

For more information please contact our experts at our offices in Banbury, Bicester or Rugby.

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