Whether you have concerns about an attorney or are acting as one and are facing complaints from other family members we can offer help & advice.
We focus on resolving the matter and working with you to find an amicable and cost-effective solution, ideally without the need for court proceedings. However, if court cannot be avoided then we have plenty of experience in successfully representing clients at court and we fight hard to protect your interests while offering pragmatic and constructive advice.
Attorneys and Deputies are people appointed to act on another person’s behalf (often referred to as the ‘donor’) when that person is no longer able to make decisions on their own. Those decisions can involve the donor’s health and welfare, their property and finances or both. But what exactly is an attorney and a deputy what is difference between an attorney and a deputy?
The concept of an Attorney and a Deputy are similar – both are appointed on the donor’s behalf to assist them when the donor does not have capacity to make decisions themselves. However, there are differences between the two roles. An Attorney is chosen by the donor when they have the capacity to decide who they want to act for them. An Attorney can then step if the donor loses capacity. Attorneys are appointed under either a document called an Enduring Power of Attorney (EPA) or since 1 October 2007, a Lasting Power of Attorney (LPA).
A Deputy is appointed by the Court of Protection. This is a specialist Court who deals with people who do not have capacity. A Deputy is appointed when a person is not able to make the decision themselves – either because they never had capacity to make that decision or because they have lost the ability to do so.
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There is a time limit for bringing Contentious Probate claims. They normally have to be issued at court within 6 months from the date of the grant of probate. You can search online to see whether or not a grant has been issued.
Depending on how complex the deceased’s estate is, a grant of probate could be issued only a few weeks after the deceased’s death so this may not leave a lot of time for someone to make a claim. Therefore you should act quickly and get in touch with legal professionals.
It is possible to bring a claim after the 6 months has expired, but you will need permission from the court to do so. The court looks at the full range of factors, such as the reasons for the delay in making the claim, and what prejudice would be suffered to the estate and any other beneficiary. There is no guarantee that the court would grant permission even if the delay is only a few weeks. Similarly, just because a claim may be brought many years after the grant, it doesn’t mean that permission would be refused.
It will be up to the court to decide, and again depends on the individual facts of the case.
