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The Court of Protection plays a vital role in protecting vulnerable individuals who need help managing their finances or welfare due to age, illness, or disability. When disputes concerning the Court of Protection arise, we understand how sensitive and emotionally charged these situations can be. Rest assured, our experienced team will guide you with care and clarity at every stage, providing practical and expert support.
The combined stress of handling a Court of Protection dispute with the additional challenge of caring for a loved one who has diminished mental capacity can create a set of extremely complex and daunting circumstances.
If you are appointed as a Deputy or an Attorney, you will be saddled with a host of responsibilities that will impact the lives of your loved ones significantly. Likewise, witnessing someone appointed to the position of Deputy or Attorney who does not have the best interests of your loved one at heart can be incredibly stressful, both for the welfare of your loved one and their future legacy.
At Roythornes, our expert solicitors can ensure that the donor is protected and that their best interests are always sensitively considered. We will handle your disputes with the utmost care, using our expert resolution skills to reach a swift and amenable solution.
Whatever the nature of the dispute you are contending with, our team can offer empathetic, practical support throughout. We offer support for various types of Court of Protection disputes, including:
- Challenging decisions regarding finances
- Challenging decisions regarding health and welfare
- Challenging gifts made by the Deputy or the Attorney
- Disputing applications to register an LPA
We also provide general services relating to applications to the Court of Protection.
Get in touch with our Court of Protection disputes solicitors today
For bespoke legal support and the chance to discuss your Court of Protection disputes, please contact our team in Alconbury, Birmingham, Nottingham, Peterborough or Spalding.
Our private wealth disputes team can work with clients across the Midlands, as well as the rest of the UK and internationally, using our extensive connections to deliver excellent results.
How we can help with Court of Protection disputes
Challenging decisions over finances
Those who act as Attorney or Deputy are often entrusted to make essential financial decisions on behalf of a donor, including accessing their accounts to pay for bills and necessities.
If you are concerned that financial decisions made by an Attorney or Deputy are being mishandled, whether through negligence or misuse of funds, this can be immensely stressful. This is often described as “financial abuse”.
Rest assured, our expert solicitors will work alongside you to help protect your loved one's financial well-being. We will carefully investigate the situation and resolve the matter as swiftly and sensitively as possible.
If, following a review of the circumstances, you have grounds to bring a claim forward, our team will support you in constructively resolving the situation through alternative dispute resolution, such as mediation and arbitration.
Alternatively, if you are acting on behalf of a loved one as a Deputy or Attorney, and an interested party is challenging the financial decisions you’ve made for the donor, we can provide legal advice and assistance.
Challenging decisions over health and welfare
Deputies and Attorneys are often permitted to manage the welfare of vulnerable individuals, such as their elderly relatives.
Their authority will vary according to the specific LPA or Deputyship Order that was granted. Examples of decisions that they may be able to make on the donor’s behalf include:
- Decisions relating to medical treatments
- Decisions relating to ongoing care arrangements
- Decisions relating to end of life care
If you are concerned that an Attorney or Deputy is making welfare decisions that do not align with the wants or needs of the individual, we can assist you in raising a Court of Protection Dispute.
Equally, if you are responsible for the donor’s welfare and an interested party is challenging a decision you have made on their behalf, we can assist you in defending the claim.
We can take the reins throughout this process, guiding you carefully through the necessary legal steps to ensure that your loved one’s care and welfare is paramount.
Challenging gifts made by the Deputy or the Attorney
Deputies and Attorneys may have the legal authority to give gifts (also known as lifetime gifts) from the donor’s estate.
These gifts might be money or assets, and there are many valid reasons why a Deputy or Attorney might transfer a gift on behalf of the donor. For instance, transferring gifts to the donor’s loved ones or to charities of their choice might align with the donor’s wishes and reduce Inheritance Tax liability on their estate.
Regardless, if you believe that a lifetime gift was not made in good faith and that this action does not align with the donor’s wishes, we can support you in challenging this action and ensuring the respect of your loved one’s estate.
We can often resolve these disputes through mediation or another alternative dispute resolution method, preserving relationships where possible.
If we cannot resolve your dispute out of Court, rest assured that our Court of Protection dispute solicitors can provide robust representation through the necessary Court proceedings.
Disputing applications to register an LPA
Applying for a Lasting Power of Attorney (LPA) enables an individual to appoint an Attorney(s) to support them and make decisions on their behalf.
There are two types of LPA: a Financial and Property Affairs LPA and a Health and Welfare LPA. In many circumstances, an individual may wish to appoint both types of attorneys to handle all aspects of their life.
If you are concerned about the creation of a loved one’s Lasting Power of Attorney (LPA), whether due to concerns about coercion, fraud, or mental capacity, our solicitors can help you challenge the application.
We’ll support you in navigating the legal process with sensitivity and expertise to protect your loved one’s interests, minimising stress and saving you money and time wherever possible.
There might be a variety of reasons that you may wish to dispute the registration of an LPA, such as:
- You believe that the individual has been coerced into making the LPA
- You believe that an LPA is not required and would like to dispute the involvement of the Court of Protection
- You believe that the individual did not have mental capacity when making the LPA
- You suspect that fraud has taken place, for instance a faked signature
- The Attorney appointed does not possess mental capacity
- The Attorney has chosen to step down from their role
If you would like to raise any of these objections, or would like to discuss managing mental capacity, our Court of Protection dispute solicitors can support you.
Frequently asked questions about Court of Protection disputes
Can you appeal against a decision made by a Court of Protection?
Yes, you can appeal a decision made by the Court of Protection. However, you will need to have appropriate legal grounds to do so, meaning that enlisting the best legal support is essential.
You are advised to discuss your appeal with a solicitor, who can assess whether you have suitable grounds for appeal. When they believe your appeal is appropriate in the circumstances, they can assist you in completing the COP35 Appellant’s Notice Form.
Can you challenge a Court of Protection Deputy?
In certain circumstances, families can disagree on the appointment of the Deputy. This serious role requires a lot of responsibility and trust, so mutual confidence in the appointed party is essential.
You can challenge the appointment of a Court of Protection Deputy if you believe they are not acting in the best interests of the vulnerable individual, as outlined in the Mental Capacity Act of 2005.
To proceed, it will be necessary to provide evidence supporting your concerns. The Court may subsequently organise a Dispute Resolution Hearing to review all claims and evidence presented.
If you are successful, the Court of Protection will organise a Dispute Resolution Hearing, in which both parties will file witness statements and evidence.
A judge will examine these and make a decision. Our team at Roythornes have substantial experience in Court of Protection disputes and can support you in working towards the best outcome for your loved one.
How long can a Court of Protection dispute take?
Each case is unique, and we will create a bespoke claim that accounts for your circumstances and priorities.
Depending on the amount of court intervention and preparation needed for the process, it can take four to six months to complete, however more complex cases can often take longer.
How much does a Court of Protection dispute cost?
There are a few fees to consider relating to forms and the legal costs involved.
For your legal fees, Roythornes often offers a fixed fee from the start, allowing you to have a clear idea before we proceed with any work.
Where matters are more complex, your case may be more suited to an hourly rate. In this case, we will ensure that you receive an accurate fee quote and understand the processes involved.
Guidance on the fees for making Court of Protection applications can be found here.
Why choose Roythornes’ Court of Protection dispute solicitors?
At Roythornes, we bring extensive Court of Protection law expertise, offering tailored advice and solutions for even the most complex disputes. We have helped clients in the Midlands and across the UK achieve the best outcomes for their loved ones.
We understand how emotionally taxing these matters can be, and our compassionate team will work at your pace to deliver clear, effective resolutions. Throughout the process, we prioritise your concerns and strive to minimise stress while protecting your loved one's best interests.
Our goal is always to resolve disputes constructively and amicably, preserving your relationships when possible. Nevertheless, we are expert litigators and can provide firm, tactical representation in court when needed to protect your interests.
As experts in private wealth law, we are in the perfect position to support you. We are Lexcel accredited, a testament to our fantastic standards of service and client care, and we are also members of STEP (Society of Trust and Estate Practitioners).
Our private wealth team consists of highly trained experts who hold various prestigious accreditations, committee positions, and memberships. Gavin Faber is part of the Birmingham Law Society Private Client Committee, as well as being a Committee member of Birmingham STEP branch and full member of ACTAPS. Gavin is also a Leading Partner in the Legal 500 and holds a Band 1 ranking in Chambers. Leah Merrifield and Emily Parry are members of the Contentious Trusts Association (CONTRA), and Jak Ward is recognised by the Legal 500 as a Next Generation Partner in the East Midlands region for Contentious Trusts and Probate work.
If you have any questions or concerns about the processes, please let us know so that we can resolve them as soon as possible. Your loved one’s wellbeing is our utmost priority.
Get in touch with our Court of Protection disputes solicitors today
For bespoke legal support and the chance to discuss your Court of Protection disputes, please contact our team in Alconbury, Birmingham, Nottingham, Peterborough or Spalding.
Our private wealth disputes team can work with clients across the Midlands, as well as the rest of the UK and internationally, using our extensive connections to deliver excellent results.
