The Court of Protection deals with the affairs of people who lack the mental capacity to make decisions for themselves. Disputes about their welfare and/or finances are becoming increasingly common and the team regularly assists with the following:
- Disputed deputyship or attorney applications;
- Challenges to the actions of a deputy or attorney; and
- Disputed statutory will applications
If you would like advice on a Court of Protection dispute, please contact our Disputed Wills and Trusts Team on freephone 0800 0931336, or by email email@example.com for a free, no obligation chat to see how we can help you.
Frequently Asked Questions
Who can make decisions for someone that lacks mental capacity?
If the person who has lost mental capacity put in place a Lasting Power of Attorney before they lost capacity, their affairs can be managed by their appointed attorney. If the person has lost capacity without appointing an attorney, a friend or relative can apply to the Court of Protection to become their deputy.
What is the Court of Protection?
The Court of Protection has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves. The Court can also give these powers to someone else (known as a deputy) if there is a need for decisions to be made on an ongoing basis.
Who can become a Court of Protection Deputy?
A deputy is a person appointed by the Court of Protection to make decisions for someone who lacks mental capacity about their finances, property and health or wellbeing.
Deputies are usually relatives or friends of the person who lacks mental capacity to make their own decisions. A deputy can also be a solicitor. A solicitor is usually appointed where there are no suitable friends or relatives or the decisions to be made are very complicated.
What can I do if an attorney or deputy is abusing their position?
If you are concerned that a deputy or attorney is abusing their position, the Office of the Public Guardian must be informed. The Office of the Public Guardian is responsible for the supervision of deputies and attorneys.
If you believe that the deputy or attorney isn't acting in the best interests of the person they are responsible for, you can apply to the Court of Protection to remove and replace them.
What can I do if a person that lacks mental capacity doesn’t have a will?
If a person lacks capacity to make their own Will, the Court of Protection can make a Statutory Will on their behalf. An application will need to be made to the Court of Protection (usually by someone authorised to act for that person - such as their attorney or deputy).
- To Trust or not to Trust - The Impact of The Fourth Money Laundering Directive On Estate and Trust Administration
- Mutual Wills
- Rectification of wills
- Disputed Wills, Trusts and Estates Bulletin - March 2017
- Trustees' liability for costs - Beddoe Applications (what they are and when to use them)
- Probate fees hike
- Trustees - Requests for trust documents - costs
- Issuing Inheritance Act claims out of time
- How can a disappointed beneficiary challenge a will?
- Mental Capacity - what is the correct test?