Attorney & Deputy Consultation
Acting as an attorney or deputy for a loved one is a significant responsibility - and it's common to feel uncertain about what you can and can't do with their finances.
Can you gift money for birthdays? Sell their property? Change their will? Pay for school fees? Make investments or mitigate inheritance tax?
Our Attorney & Deputy Consultation gives you expert legal guidance on your duties, responsibilities, and the decisions you're facing. In one hour with our specialist solicitor, you'll get clear, practical advice, in plain English, so you can act with confidence and protect both your loved one's interests and your own position as attorney or deputy.
One-hour consultation | SRA-registered specialist solicitor | £250 + VAT
What's Included in Your Consultation
Our Attorney & Deputy Consultation is a one-hour appointment with our in-house specialist solicitor, who has over 10 years' experience acting as a professional deputy and attorney for vulnerable individuals. You'll get expert legal guidance tailored to your situation, explained in plain English - no legal jargon.
What You'll Get:
-
One-hour consultation with our SRA-registered specialist solicitor
-
Plain English explanations of your duties and responsibilities under the Mental Capacity Act 2005
-
Clear guidance on what you can and cannot do as an attorney or deputy
-
Practical advice on financial decisions, property, investments, and gifting
-
Recommendations for your next steps
-
Written summary of key points and recommendations (available on request)
How it works: Consultations are delivered by phone or video call at a time that suits you. You can book directly into our calendar, with appointments typically available within one week.
Price: £250 + VAT
Note for attorneys and deputies: You can pay for this consultation using your loved one's funds - this is a legitimate expense under your duties as attorney or deputy. This consultation can be combined with our Care Funding Consultation if both topics are covered within the same hour.
Understanding Your Duties as an Attorney or Deputy
If you've been appointed as an attorney under a Lasting Power of Attorney (LPA) or as a court-appointed deputy, you have significant legal responsibilities. You must act in the person's best interests, follow the principles of the Mental Capacity Act 2005, and make decisions they would have made for themselves if they were able to.
But what does that mean in practice? The rules are complex, and it's common to feel uncertain about what you can and cannot do - especially when it comes to financial decisions.
Common Questions Attorneys and Deputies Face
Gifting Money
-
Can I give money to family members for birthdays or Christmas?
-
What counts as a "reasonable gift"?
-
Can I make larger gifts, such as helping with house deposits or school fees?
Property Decisions
-
Can I sell their property to pay for care?
-
Am I allowed to buy their property myself?
-
What if the property needs major repairs or renovations?
Wills and Estate Planning
-
Can I change their will?
-
Can I make a new will on their behalf?
-
Am I allowed to take steps to mitigate inheritance tax?
Investments and Financial Management
-
Can I make investments with their money?
-
Can I sell existing investments?
-
What level of risk is acceptable?
Care Costs and Expenses
-
Can I pay for private care or additional support?
-
Can I use their money to pay for school fees for grandchildren?
-
What expenses am I allowed to cover?
The Mental Capacity Act 2005: Key Principles
As an attorney or deputy, you must follow five statutory principles:
-
Assume capacity – You must assume the person has capacity to make a decision unless it's established they do not.
-
Support decision-making – Take all practicable steps to help the person make their own decisions.
-
Unwise decisions – A person is not to be treated as lacking capacity simply because they make an unwise decision.
-
Best interests – Any act or decision made on behalf of someone who lacks capacity must be in their best interests.
-
Least restrictive option – Consider whether the purpose can be achieved in a way that is less restrictive of the person's rights and freedom.
Why This Is So Complex
The Mental Capacity Act provides a framework, but it doesn't give clear answers to every situation. What counts as a "reasonable gift"? When is it in someone's best interests to sell their home? Can you prioritise family relationships over strict financial management?
These are nuanced legal questions, and getting them wrong can have serious consequences - including personal liability, challenges from family members, or investigations by the Office of the Public Guardian or Court of Protection.
This is where expert legal advice is essential. Our Attorney & Deputy Consultation gives you clear, confident guidance on your specific situation—so you can fulfill your duties without fear of making costly mistakes.
Why Choose Nellie Supports for Attorney & Deputy Advice
Our solicitor has over a decade of hands-on experience acting as a professional deputy and attorney for vulnerable individuals, backed by a team of qualified social workers and psychologists. You're getting advice from someone who has navigated these exact responsibilities—not just theoretical legal knowledge—supported by a multidisciplinary team approach to problem-solving.
The Mental Capacity Act and your duties as an attorney or deputy are complicated enough. We explain everything in clear, straightforward language so you understand your responsibilities, rights, and options without confusion.
£250 + VAT for a one-hour consultation. No surprises, no unexpected charges. You know exactly what you're paying before you book
We're not tied to care homes, Local Authorities, or financial institutions. Our only interest is giving you honest, impartial advice that protects your loved one's best interests—and your position as their attorney or deputy.
As you're seeking this advice in your capacity as attorney or deputy, you can pay for this consultation using your loved one's funds - this is a legitimate expense under your duties.
We also provide mental capacity assessments for a variety of decisions including COP3 assessments and LPA capacity assessments. For complex cases, our advanced mental capacity assessment service provides comprehensive support. If you need assistance with NHS Continuing Healthcare appeals or care funding disputes, we can help
Expert Insights on
Care Funding
Explore our articles on care funding, deprivation of assets, financial assessments, and the Care Act 2014, with practical guidance, real-world examples, and expert insights. Written to help families, attorneys, and deputies navigate complex decisions with confidence.
Your Care Funding Questions Answered
Yes. As you're seeking this advice in your capacity as attorney or deputy, you can pay for this consultation using your loved one's funds. Seeking professional legal advice on your duties and responsibilities is a legitimate expense and falls within your obligations to act in their best interests.
Most clients find that one hour is sufficient to cover their immediate questions and receive clear guidance on next steps. If your situation is particularly complex and requires additional time, we can discuss follow-up consultations or ongoing support.
You don't need to prepare anything in advance, but it can be helpful to have:
-
Any correspondence from the Local Authority (financial assessment letters, care cost invoices)
-
Details of savings, property, and assets
-
Information about any gifts or transfers made in recent years
-
Copies of Lasting Power of Attorney or deputyship orders (if applicable)
Our solicitor will guide you through what's relevant during the call.
-
Yes. If you need further assistance after your initial consultation—whether that's help with appeals, representation in disputes, or ongoing advice—we can discuss the best way to support you moving forward.
Appointments are typically available within one week. You can book directly into our calendar at a time that suits you.
This consultation is designed for attorneys and deputies, but family members who are considering applying for deputyship or who have concerns about how an attorney is acting can also benefit from this advice. Our solicitor can guide you on the best course of action for your situation.
It depends. The Mental Capacity Act allows for "reasonable gifts" on customary occasions (birthdays, Christmas, weddings, etc.), but what counts as "reasonable" depends on the size of the estate and the person's past gifting habits. Our solicitor can advise on what's appropriate in your specific situation.
Yes, if it's in their best interests and you have the legal authority to do so. If you're an attorney under a Property and Financial Affairs LPA, you generally have this power. If you're a deputy, you may need permission from the Court of Protection depending on your deputyship order. Our solicitor can clarify your position and guide you through the process.
Generally, no - attorneys and deputies do not have the power to change a will. However, in certain circumstances, you can apply to the Court of Protection for a "statutory will" to be made on the person's behalf. Inheritance tax mitigation is a complex area, and any steps you take must be clearly in the person's best interests. Our solicitor can advise on what's possible and appropriate.
Disputes between attorneys, deputies, and family members are unfortunately common. If you're facing challenges or complaints about how you're managing the person's affairs, it's essential to seek legal advice quickly. Our solicitor can review your position, advise on your legal obligations, and help you respond appropriately.
Generally, attorneys cannot pay themselves unless the LPA specifically authorises it. Deputies can apply to the Court of Protection for permission to be paid, but this is not automatic. Our solicitor can explain your options and whether it's appropriate in your situation.
This Attorney & Deputy Consultation focuses on your duties and responsibilities as an attorney or deputy—including gifting, property decisions, investments, and legal obligations under the Mental Capacity Act 2005.
Our Care Funding Consultation focuses on Local Authority funding, financial assessments, deprivation of assets, and care costs under the Care Act 2014.
If your situation involves both topics, they can be combined within the same one-hour consultation if time allows.
You'll leave the consultation with clear, actionable advice tailored to your situation. If further support is needed—whether that's help with Court of Protection applications, ongoing legal guidance, or representation—we'll discuss the best way forward. There's no obligation to use our services beyond the initial consultation.
Yes. As an attorney or deputy, you can request a care needs assessment from the Local Authority on behalf of the person you represent. Under the Care Act 2014, anyone who appears to need care and support is entitled to an assessment, regardless of their financial situation or whether they're likely to be eligible for Local Authority funding.
If you're concerned that the Local Authority's assessment is inadequate or doesn't reflect the person's true needs, we can help. Our team includes qualified social workers who can conduct independent assessments and provide expert reports to challenge Local Authority decisions.
If you believe the Local Authority's care needs assessment is inaccurate, incomplete, or doesn't properly reflect the person's needs, you have the right to challenge it. This might involve requesting a reassessment, making a formal complaint, or seeking an independent assessment to support your case.
Our multidisciplinary team - including social workers, psychologists, and our specialist solicitor—can review the assessment, identify gaps or errors, and provide expert guidance on the best course of action. We can also represent you in disputes with the Local Authority if needed.
Book Your Appointment
Gain Clarity and Confidence in Your Decision Making
Our Attorney & Deputy Consultation is designed for anyone acting as an attorney under a Lasting Power of Attorney (LPA) or as a court-appointed deputy. Whether you're newly appointed or have been managing finances for years, our specialist solicitor can help.
This consultation is ideal if you:
-
Are uncertain about your legal duties and responsibilities
-
Need advice on gifting money for birthdays, Christmas, or special occasions
-
Are considering selling or buying property on behalf of the person you represent
-
Want to know if you can change their will or take steps to mitigate inheritance tax
-
Need guidance on making or selling investments
-
Are facing decisions about care costs, school fees, or other major expenses
-
Are worried about doing the wrong thing and want reassurance
-
Have been challenged by family members or other interested parties
-
Need to understand your obligations under the Mental Capacity Act 2005
Whether you're an attorney, deputy, or professional adviser, this consultation gives you the legal clarity and confidence to act in your loved one's best interests.
Appointments available within one week | Phone or video call | £250 + VAT