Court of Protection Disputes

With an aging population and planning not always at the fore of peoples’ minds, we will be faced with more individuals who lack capacity needing to have a deputy appointed to make decisions on their behalf.   The involvement of the Court of Protection in these circumstances is the only choice to ensure that a persons’ rights are protected, and their needs can be met. 

How could a Court of Protection Dispute arise?

Sadly, cases of financial abuse and the mismanagement of finances, through ignorance or deliberate steps, are still common occurrences.

For example, if you are concerned that an attorney is not acting in the best interests of those they care for, or a deputy is overstepping the limits of their authority, then we can advise on what steps can be taken to remedy the situation.

Other areas where disputes may occur include:

• Making challenges to the decisions being taken - either financial or welfare decisions
• Disputes over an individuals’ mental capacity and whether they should be under the jurisdiction of the Court of Protection at all
• Challenging gifts made by the deputy or the attorney

How matters are resolved

Whenever possible we try to resolve matters by working collaboratively with all parties.  If however this proves to be impossible, we assist deputies, professionals and individuals in taking the most appropriate course of action to ensure their property and financial affairs are managed in the right way, whether that is bringing or defending a claim. 

This can be especially difficult and traumatic where family members are concerned, and we have the ability and sensitivity to navigate and support people through these challenging times.