Powers of Attorney and Deputy Disputes
Our civil litigators have considerable experience advising on Powers of Attorney and Deputy disputes. A Power of Attorney is a legal document by which an individual hands over the power to manage their affairs to another person. These powers can range from the power to manage property and financial affairs, to making health and welfare decisions for that person.
There is often misunderstanding over the use of a Power of Attorney and what power it gives to those who hold it for a person who has lost capacity. This often leads to Powers of Attorney and Deputy disputes which are distressing for all involved.
The powers given to the attorney can sometimes be abused and/or there may be disagreement about who should act as attorney for an individual who lacks capacity. Disputes can also arise between Attorneys already appointed and as to whether an attorney should remain appointed for an individual who lacks capacity. These disputes can occur when the attorney applies to register the Power of Attorney. They can also occur some time after the Power has been registered when money or assets of the individual are disposed of or start to dwindle.
Dealing with Powers of Attorney and Deputy Disputes
If you believe that a Power of Attorney has been signed in inappropriate circumstances or wish to challenge the appointment of a particular attorney, then we can help. At Fraser Dawbarns, our civil litigators have a wealth of experience in dealing with disputes in relation to Lasting Powers of Attorney, deputyships and matters relating to capacity, as well as disputed applications in relation to the appointment or removal of an attorney.
We understand that these situations can be very upsetting and we have solicitors who are members of professional organisations such as the Society of Trust and Estate Practitioners (STEP), the Association of Contentious Trusts and Probate Specialists (ACTAPS) and Solicitors for the Elderly who understand the need to give you timely and practical advice. Sometimes it is more appropriate for the issues to be resolved by the courts and in these situations our solicitors can also apply to the Court of Protection on your behalf or provide representation if a matter is already with the court.