Disputed Power of Attorney

A Power of Attorney is a legal document by one person appointing another to handle his or her affairs. A Power of Attorney is usually created so the person granting the power (the donor) does not have to act for themselves in some respect, or so that the person appointed can conduct the donor's affairs if they subsequently become unable to do so.

The Attorney's duties and responsibilities include the following:

  • To always act in the best interests of the donor and consider their needs and wishes as far as possible.
  • Not to take advantage of the donor’s position to gain any benefit for themselves.
  • To keep the donor’s money and property separate from their own and other peoples'.
  • To consider the Mental Capacity Act and the supporting Code of Practice when acting on behalf of the donor.

An Attorney is placed in a position of trust and should always act in the donor's best interests.

If you suspect that someone is abusing their position as attorney, or you wish to challenge their appointment, it is essential that you seek legal advice as soon as possible.

If you would like advice on challenging a will, or indeed on any other inheritance or trust dispute, please contact our Disputed Wills and Trusts Team by telephone on +44 (0)1884 203 018 or FREEPHONE 0800 0931336 or by email willdisputes@ashfords.co.uk

Key Contact

Robert Horsey

Partner and Location Head, Tiverton

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+44 (0)800 0931336


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