Disputed court of protection applications
The Court of Protection plays a vital role in making decisions about property, finance, and welfare for individuals who lack the mental capacity to decide for themselves—due to injury, illness, or age-related conditions. Sometimes, however, disputes arise over these decisions or the appointment of a Deputy or Attorneys. That’s where we come in.
At Pinney Talfourd, our solicitors are trusted advisers skilled at navigating the complexities of disputes involving Court of Protection applications. Whether there is disagreement over who should be appointed as a Deputy, objections concerning actions taken by Deputies, or challenges around the approval of statutory wills, we’re here to guide and support you every step of the way. Our team is experienced in dealing with emotionally charged situations sensitively and efficiently, helping families find resolution while safeguarding the interests of vulnerable individuals.
A Lasting Power of Attorney (LPA) can appoint trusted individuals to manage health, welfare, and financial affairs. When an LPA isn’t in place or capacity has already been lost, the Court of Protection ensures appropriate Deputies are appointed and oversees serious decisions, including authorising statutory wills or large financial transactions. Disputes can arise if family members disagree on these appointments or decisions. The court will carefully assess evidence to appoint someone who genuinely acts in the person’s best interests, sometimes appointing professional Deputies to avoid conflicts.
Our solicitors provide practical advice tailored to your situation – whether you’re contesting an application, seeking approval for a decision, or challenging a Deputy’s conduct. We understand that these matters can be stressful and complicated, so we prioritise clear communication and compassionate support at every stage.
Specialist expertise in Court of Protection law
Our solicitors bring in-depth knowledge of the Mental Capacity Act 2005 and Court of Protection procedures. This expertise means we offer you clear, reliable advice rooted in the latest legal standards and best practices.
Proven track record in resolving sensitive disputes
We’ve successfully helped families and individuals navigate challenging disputes, from Deputyship appointments to statutory will approvals, always seeking practical solutions that protect vulnerable clients.
Personal, empathetic approach
We appreciate how deeply personal these matters are. We listen carefully and explain each step clearly, ensuring you feel supported and informed as we work together.
Strategic guidance tailored to your goals
Every case is unique. We tailor our approach to your specific objectives, whether that’s settling a dispute amicably or preparing robust representations for court.
Acting as professional Deputies when needed
Where appropriate, we can act as professional Deputies, providing impartial, trustworthy administration and reducing family tensions.
Clear handling of complex financial and welfare issues
From authorising property sales to challenging inappropriate decisions, we guide Deputies and families through complex transactions with care and precision.
Support with statutory will applications
We assist in preparing and applying for statutory wills when capacity is lost, ensuring wills reflect current circumstances and best interests.
Recognised for excellence and client care
Pinney Talfourd is ranked in Legal 500 for disputes and contentious trusts, reflecting our commitment to outstanding legal advice and client service.
How our dedicated solicitors guide you through court processes and disputes
When disputes arise in Court of Protection matters, the process can be daunting. At Pinney Talfourd, we help you understand your options and the likely steps ahead. We handle applications for Deputyship appointment and removal, object to inappropriate registrations of enduring powers of attorney, and manage challenges around the revocation of LPAs.
In some cases, Deputies may require authority to deal with significant property transactions, such as selling the donor’s home. We provide detailed advice and prepare court applications to ensure these actions meet legal standards and protect the interests of the vulnerable individual.
Disagreements can also occur over the creation or amendment of wills for someone who lacks capacity. Our solicitors prepare and present applications for statutory wills, seeking the court’s approval to ensure the individual’s estate is handled fairly and as intended.
Throughout, we keep you informed and prepared, respecting your time and concerns. Our approachable, authentic communication style helps reduce stress by making complex legal processes understandable.
You can rely on us not only as your legal advisers but as enduring partners committed to the wellbeing of your family. Together, we embrace change and face challenges proactively, ensuring outcomes that offer peace of mind.
Disputed Court of Protection Applications FAQs
We understand you might be looking for answers, so we’ve compiled a list of frequently asked questions to help get you started.
It involves disagreements about who should make decisions or how decisions have been made for someone lacking mental capacity, often requiring court intervention to resolve.
Family members, friends, or professionals can apply to be Deputies to manage the property, financial affairs, or welfare of someone without capacity, subject to court approval.
A statutory will is a Will made on behalf of someone who lacks capacity, authorised by the Court of Protection, reflecting the person’s best interests.
We advise clients throughout the application and court process, gathering evidence and presenting arguments to ensure the correct person is appointed to act in the vulnerable person’s best interests.
Yes. We offer professional Deputy services to provide impartial, reliable management when family appointments are not suitable or disputes arise.
Our team of experts
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Your key contact
You can contact us now to book an initial consultation. Or for more information please contact Nick Hatchett on the details below.
Nick Hatchett
Partner