We know that dealing with Court of Protection disputes is stressful and can be a daunting task. Our specialist team are here to support you throughout to help get the right outcome and care for your loved one.
The Court of Protection has jurisdiction to make decisions on behalf of people who lack the mental capacity to make these decisions for themselves. It exists, as the name suggests, to protect the interests of the most vulnerable people in our society, known in the Court of Protection as the “Protected Person”.
Court appointed deputies can make all decisions for the Protected Person including those relating to their health, welfare, finances and property. The Court of Protection also deals with matters relating to Powers of Attorney.
The responsibility to make decisions in the best interests of the Protected Person can be daunting and the Court of Protection assists and intervenes as required to ensure that any decisions made are in the Protected Person’s best interests and in accordance with the rules set out in the Mental Capacity Act 2005.
What are Court of Protection disputes?
It is not uncommon for Court of Protection disputes to arise in relation to the care of the Protected Person or the making of important decisions about the Protected Person’s welfare in these circumstances. Often the disputes are between the deputy/attorney and members of the Protected Person’s family.
The following are common types of contentious Court of Protection disputes in which we regularly represent clients:
- Concerns over the conduct of an appointed deputy or attorney
- Removal or replacement of deputies and attorneys
- Financial abuse and misappropriation of the Protected Person’s assets
- Challenging gifts made on behalf of the Protected Person
- Contested Statutory Will applications
- Contested deputyship applications
- Contesting Lasting Power of Attorneys
