Court of protection disputes

The Court of Protection has jurisdiction over decisions made on behalf of people who do not have the mental capacity to make these decisions for themselves. It exists, as the name suggests, to protect the interests of the most vulnerable people in our society by appointing a Deputy to manage the affairs of such people or patients.

Court appointed Deputies can make all decisions for the patient including those relating their health, welfare, finances and property.

The responsibility to make decisions in the best interests of the patient can be daunting and the Court of Protection assists and intervenes as required to ensure that any decisions made are in the patients best interests and in accordance with the rules set out in the Mental Capacity Act 2005.

It is not uncommon for disputes to arise in relation to the care of the patient or the making of important decisions about patient’s welfare in these circumstances. Often the disputes are between the Deputy and members of the patients family.

Our Contentious Probate team advises and represents clients in all types of private client disputes including court of protection disputes.

The following are common types of contentious court of protection disputes in which we regularly represent clients:

• Concerns over the conduct of an appointed Deputy
• Removal or Replacement of Deputies and Attorneys
• Financial abuse and misappropriation of the Patient’s assets
• Challenging Gifts made on behalf of the patient
• Contested Statutory Will Applications
• Contested Deputyship Applications
• Contesting Lasting Power of Attorneys