Court of protection disputes

Disputes often arise in relation to the finances or welfare of people who have lost mental capacity. There might be arguments about who should be responsible for managing that person’s affairs or a dispute could break out over the way in which their affairs are being managed. Whatever the cause of the dispute, it is the court of protection that will ultimately deal with it.

Our specialist solicitors are experienced in dealing with court of protection disputes. We regularly represent both those making an application to the court, as well as those wishing to oppose a court application because they think it is not in the best interests of the person who has lost capacity.

We have lawyers who are experienced in resolving even the most entrenched disputes. They offer specialist advice and representation across a broad range of court of protection disputes, including:-

  • opposing the appointment of an attorney;
  • removing an attorney;
  • objecting to the appointment of a deputy;
  • LPA fraud;
  • disputes over gifts;
  • allegations that an attorney or deputy is not acting in a person’s best interests; and
  • challenges to the validity of a power of attorney on the basis that the person lacked capacity to make the power.

As with any legal dispute, you need to carefully consider the costs that are likely to arise. While the legal costs of a dispute may be paid by the estate of the person who has lost capacity, costs can be awarded against the parties to the dispute personally, so great care needs to be taken. Our experienced court lawyers are familiar with the costs risks involved in a dispute and can advise you on this. They can also advise you on the funding options available to you.

Our expert solicitors provide a FREE legal helpline. So if you are involved in a court of protection dispute then give us a call on 0808 139 1606 or send brief details to us by email at [email protected]