Acting as an attorney or deputy for a loved one is an important responsibility. Our experienced solicitors are here to provide you with advice and guidance, so you can feel confident that you’re carrying out your duties as necessary and making the right decisions for your loved one.
As well as advising attorneys and deputies on particular questions they may have regarding the administration of their duties, we’re also able to take on these roles ourselves for financial matters. In both situations, our priority is to safeguard the best interests of your loved one. Our job is about much more than managing financial or other affairs, as we know any decisions made have a direct impact on their day-to-day lives.
How we can help administer attorneyships and deputyships
The administration of attorneyships and deputyships can feel complex. We provide practical guidance about the scope of the duties involved and listen to your concerns and questions, explaining everything in plain English so you’re clear about what is needed.
You may be dealing with difficult or upsetting decisions. As a trusted adviser, we get to know you and your loved one so we can help to achieve the best results for them.
If we're acting on behalf of vulnerable clients, we work to protect their assets and wellbeing, making sure that their long-term security is maintained.
What's the difference between attorneyship and deputyship?
A person is able to put Lasting Powers of Attorney (or, previously, Enduring Powers of Attorney) in place while they still have mental capacity. This specifies a named attorney to make decisions on their behalf when needed, setting out their wishes and how they want the attorneyship to be managed.
Deputyship is essentially the alternative to attorneyship. Deputyships are required once the person no longer has the mental capacity to choose an attorney themselves. If they lose mental capacity, but there are no Lasting or Enduring Powers of Attorney in place, an application needs to be made to the Court of Protection to appoint a deputy to act on their behalf.
What do attorneys and deputies do?
The roles of attorneys and deputies are similar, as they are both appointed to look after the interests of somebody once they’re unable to make decisions for themselves. These decisions may relate to property and financial matters, or health and personal care, or both.
Attorneys will have their powers and role defined by the terms of the Lasting Powers of Attorney document. As deputies are appointed by the Court of Protection, there are more stringent requirements for ongoing supervision and reporting.
Our role in managing and protecting funds
In many situations, assets need to be managed on behalf of an individual as a result of a successful medical negligence or personal injury claim. With compensation amounting to hundreds of thousands, or even millions, of pounds, it’s crucial to make sure the funds are managed, protected and used in the best interests of your loved one.
We can take on the deputyships for financial matters such as these. We take this responsibility seriously, working closely with financial advisers to oversee the funds. We also keep in regular touch with family members where appropriate.
As trusted advisers, we act with compassion to involve loved ones and the family in decisions as much as possible.
Why choose Tozers?
We’re experienced in safeguarding clients who have lost the mental capacity to deal with their own affairs. We regularly work with individuals who are under the Court of Protection, as well as advising loved ones acting under Powers of Attorney.
We’re recognised in leading legal directory, The Legal 500, which notes Tozers as being "very approachable and knowledgeable". We’re also members of the Society of Trusts and Estates Practitioners (STEP), so you can be confident we’re at the forefront of best practice.
Most importantly to us, our expertise is reflected in the positive feedback we receive from our clients. We take the time to build relationships, helping our clients and their families to feel more at ease when dealing with situations which are often difficult and worrying.
Find out how we can help you
Make sure that you’re fulfilling your responsibilities as an attorney or deputy for your loved one. Contact our solicitors using our online enquiry form or call us at one of our offices.