Court of Protection Disputes

What is involved?

The Court of Protection makes decisions about financial and welfare matters for those who lack mental capacity to look after their own affairs. However, sometimes people can disagree over a particular course of action in relation to a decision made on behalf of the person lacking capacity.

You may be acting as a Deputy or Attorney and find your decision challenged.  You may wish to challenge a decision made by a Deputy or Attorney on your behalf, or on behalf of someone else.  You may disagree with who should be a Deputy or Attorney.

Our specialist lawyers advise on disputes relating to welfare and financial management, and work with relatives, professionals, carers and guardians to resolve such disputes.

Disputes in the Court of Protection include issues such as:

• Appointment to act as an Attorney or Deputy on behalf of someone else.
• Whether decisions made by an Attorney or Deputy on behalf of someone else are appropriate and have been made in the best interests of that person.
• Management of the affairs of the person the Attorney or Deputy represents and whether the Attorney or Deputy is an appropriate person to act.
• Whether decisions taken about someone’s care or welfare are in that person’s best interests.
• Whether a person needs a will to be made on his or her behalf or needs the existing will to be reviewed.
• The validity of gifts and payments made from someone’s funds
• The advance approval of financial and welfare decisions to be taken on behalf of someone.

The Court of Protection has its own processes and procedures. The very personal and sensitive nature of disputes in the Court of Protection means that such disputes require careful handling and a different approach to other types of litigation. In many cases, although the parties may disagree as to what is in a person’s best interests, they all wish for the right decision to be made in that person’s best interests. This requires careful management of the dispute to find a resolution in a timely and cost effective way, that results in an appropriate outcome for the person to whom the dispute relates.  This often includes trying to protect the relationships between other parties to the dispute.

Why choose Freeths?

We have a team of specialist lawyers experienced in managing disputes within the Court of Protection. They understand the sensitive nature of such disputes. Our team will consider all options for resolution of the dispute, whether that is an application to the Court, discussions between the parties, the involvement of the Office of the Public Guardian or local authority and whether mediation is an appropriate alternative.

The firm also has specialist experienced in related matters that can arise out of such disputes. For example, disputes relating to trusts and probate, the ongoing management of someone’s personal affairs or related tax matters.

Mark Keeley is a mediator experienced in this area who can offer specialist Court of Protection mediation services.

If you are looking for someone to be a deputy, are looking for help with a particular decision or need assistance with a lasting power of attorney, please click here.