Court of Protection and Disputes
The Court of Protection deals with the affairs of people who lack the mental capacity to make decisions for themselves (referred to as 'patients').
Disputes about the welfare and/or finances of individuals who lack mental capacity are becoming increasingly common. The most common disputes are:
- Challenges to the validity of a Power of Attorney.
- Objections to the appointment of an Attorney or Deputy.
- Disputes where it is alleged that an Attorney or Deputy is not acting in the patient's best interests.
If you wish to object to the registration of a Power of Attorney and/or the actions of an Attorney or Deputy, we suggest that you seek legal assistance as soon as possible. It is important that you comply with the complex formalities of the Court of Protection when submitting your application, and it is strongly advised that you instruct a solicitor experienced in this field to assist with this.
Alternatively, if you are an Attorney or Deputy and you have received an objection to your appointment or to the way you have been dealing with the estate, it is essential that you seek legal advice at your earliest opportunity. The general rule with costs in the Court of Protection is that the objector's costs will be paid from the estate of the patient. However this only applies if you are considered to have been acting reasonably at all times. If the Court considers you have not, you could face personal liability for both yours and your opponent's costs.
If you would like advice on challenging a will, or indeed on any other inheritance or trust dispute, please contact our Disputed Wills and Trusts Team by telephone on +44 (0)1884 203 018 or FREEPHONE 0800 0931336 or by email firstname.lastname@example.org.