Deputies are required to provide the OPG with an report each year detailing how they have managed the funds of their loved one. The OPG may ask you for evidence of your expenditure or ask you to justify certain expenses. It is therefore important to keep full and accurate records. Attorneys are not supervised in […]

As professionals specialising in Court of Protection work we often hear from clients that they have been told by social services that they have to sell their parents’ home to pay their care fees. This is often a very stressful time for families and understanding what needs to be done and why can help make […]

How to make a successful start as a deputy or attorney Acting as a property and affairs attorney or deputy for a loved one can be a daunting task, but it is one that more and more of us are facing. You have the job of looking after some else’s finances and you very much […]

The Office of the Public Guardian has issued guidance for attorneys and deputies thinking of investing money for the person whose affairs they look after. The note reminds attorneys and deputies that they can’t do whatever they like with the person’s money, that the person should be supported to make decisions themselves where possible, and […]

Before there is a flurry of over excited gifting, let me make it clear that this gift was only approved by the Court after a thorough consideration of the situation and a best interest assessment. Attorneys have very limited powers to make gift without the Court’s approval.  For example, an attorney can buy a birthday […]

Did you apply for a Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA) to be registered between 1st April 2013 and the 31st March 2017? If you did then you may be eligible for a refund. The Ministry of Justice has embarked on a £69,000,000 refund scheme for people who may have […]

Hot on the heels of the PP case, in January 2018 the Office of the Public Guardian has offered an updated practice note for attorneys and deputies. There are some very helpful reminders for attorneys and deputies in this note. The definition of a gift is wider than many people would think and the OPG […]

Citation numbers [2015] EWCOP 93 and [2016] EWCOP 65 Case Impact in Brief If you are acting as an attorney, there are very clear rules about what you can give away and what you can’t. Unfortunately not everybody seems to know them.  In this case the attorneys seem to have sought advice but not from […]

A recent case warns attorneys about higher risk investments that benefit the attorney personally through IHT reliefs.

The Office of the Public Guardian (OPG) published new guidance on 3 March 2017 for professionals who are appointed to act as an individual’s attorney under an LPA.

This Law Society guidance has been eagerly awaited by solicitors and other professionals.

The practice note is available here which includes a very useful flow chart and precedent letters.

Comment – This is another sad case involving an attorney who seemed to be looking out for his own interests rather than Alma’s.  A panel Deputy is now in place and things are being put right.  Be careful who you appoint as your attorney! Case Details An attorney who took almost £80,000 from his aunt’s […]