Professional Deputyship & Attorney Administration

Individuals will usually choose to appoint family members or close friends as their attorneys, however that is not always possible or appropriate for a variety of reasons. It is therefore also possible to appoint a professional as an Attorney, or to apply to the Court of Protection for a professional Deputy to be appointed if the individual has already lost capacity. The professional will be able to use their knowledge and skills to administer your affairs in an efficient and appropriate way, ensuring that your best interests are kept at the heart of the matter.

If you require further information as to what Power of Attorneys and Deputyships are and how they work, please view our relevant pages here:

• Power of Attorney
• Deputyship Applications 

Why appoint a Professional Attorney/Deputy?

Experience and knowledge

Professional attorneys and deputies will be used to dealing with similar cases and will therefore have specialist knowledge in the relevant areas, such as care provision, care funding, taxation and succession planning. They will also have a trusted group of professional contacts and advisors who can assist with your affairs as appropriate. Very often family and friends will not have such knowledge, and this can prove difficult when having to navigate the administration of a person's affairs.

Compliance with the legal duties of being an attorney or deputy

Attorneys are required to follow rules and regulations in exercising their appointment. Should an Attorney be found to breach one or more of these rules, it can lead to difficulties, or in the worst-case scenarios, lead to the Attorney being removed from their position. Professional Attorneys and Deputies will be fully aware of their rights and responsibilities, and this can then ensure that the administration of the affairs is carried out in the correct way, ensuring your best interests are followed at all times.

Family members or friends are not in a position to act

Whilst you may have family members or friends who would like to act, they are not always in a position to. They may live overseas, have health issues or difficulties of their own or may not be financially independent or have sufficient knowledge of the areas needed for you to entrust them with the responsibility.

You may also have concerns that your wishes may not be followed, or alternatively, you may not wish to burden them with such an appointment. It is well known that family members or friends can disagree and when decisions about a loved one are required, emotions can run high, and disputes are common. You may be in a position where you do not have those trusted individuals who could manage your affairs if you were unable to.

Professional attorneys must act impartially and can make decisions without the influence of family history. The appointment of a professional attorney either to act on their own, or to act with a family member or friend, could be a sensible choice, if any of the above factors are relevant.

How we can help

Ashfords has an experienced and committed team who administer professional Attorneyship and Deputyship appointments. Our dedicated team strive to ensure that all of our clients are looked after and their needs met at every opportunity.