Court of Protection Disputes
When faced with disputes concerning the care and well-being of your family members, prioritising their best interests becomes paramount. If you require assistance in safeguarding the best interests of a vulnerable loved one, our team of solicitors specialising in Court of Protection disputes, can provide support. Opal Legal is a top 200 UK Law Firm.
Court of Protection Dispute Solicitors
The Court of Protection can make decisions for people who do not have the mental capacity to make choices themselves, such as what will happen when that person dies. A person who lacks capacity is known as a "patient".
Sadly, Court of Protection disputes can arise concerning the patient's health and welfare, as well as their property and finances. The overriding principle in such cases is that any action must be taken in the patient's best interests.
Contested Court of Protection applications can be extremely complex. Whether acting as an Attorney, Deputy, family member, or otherwise, it is important to take expert advice regarding Court of Protection disputes.
Our Contentious probate solicitors can help you apply to the Court of Protection whether to make a statutory Will, to be appointed as a person's deputy or in relation to a one-off decision for someone who does not have the capacity.
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What Can I do If I'm Concerned About Wrongdoing By A Deputy Or An Attorney?
If you feel that a deputy or attorney has taken advantage or is not acting in their best interests of a family member, then it is usually sensible to contact the Office of the Public Guardian with details of your concerns.
Opal Legal Solicitor's contentious probate lawyers can advise you concerning any or all of the following:
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The rights, duties and obligations of the attorney or deputy in question (these are not always the same).
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Whether the attorney or deputy has acted wrongfully from a legal perspective.
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Putting together your concerns for the Office of the Public Guardian to consider.
Please get in touch with our contentious probate team if you are interested in discussing any aspects relating to contested Court of Protection disputes.
Statutory Wills
Where a person has lost the capacity to make a new Will (e.g. if they have dementia or have had a serious brain injury), applications can be made you can apply to the Court of Protection to have one made for them.
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What the person would do if they could make their own Will.
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The person's beliefs and personal values.
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How the person acted and made decisions in the past.
It is often the person's deputy or attorney who makes an application for a statutory Will, but others can apply too.
Court of Protection disputes can arise as to whether the new Will is in the best interests of the patient as well as the effect of the changes upon others.
Deputies & Attorneys
The Court of Protection is also responsible for individuals who make decisions on behalf of someone else:
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Deputy
You can apply to the Court of Protection to be appointed as a "deputy" for a person who lacks mental capacity. Deputies can make ongoing, day-to-day, personal welfare decisions for that person. The Court of Protection will only appoint a deputy if a person lacks capacity and they deem it to be in the vulnerable person's best interests.
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Attorneys (appointed under a Lasting Power of Attorney or an Enduring Power of Attorney)
Court of Protection disputes concerning health and welfare often arise, as the court will consider whether the Deputy or Attorney have taken steps that are appropriate to the needs and interests of the patient and complied with their duties and obligations.
Many Attorneys and Deputies may fail to realise that they have duties to keep accounts and finances separate or that there are strict limits on actions they can take without approval from the Court.
Anyone over 18 can make a Lasting Power of Attorney (or "LPA") as long as they have the necessary mental capacity when they make it. An LPA is a way to appoint one or more people (known as "attorneys") to make decisions on your behalf when you cannot do so.
For example, suppose a deputy or an attorney wants or needs to make a one-off decision outside of their normal power (for example, to sell the person's property or make a large gift on their behalf). In that case, they must apply to the Court of Protection.
Why Work With Our Dispute Resolution Team
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For the past seven years, the Legal 500 has rated us as a Top Tier legal firm.
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We have been recognised by The Times and The Lawyer as a Top 200 UK law Firm.
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Price transparency - we provide our clients with clear cost advice at the outset with ongoing updates throughout the matter. Sometimes, we can pursue a contentious probate claim for you on a no-win, no-fee basis.
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The contentious probate team is led by experienced Partner Helen Thompson, a member of STEP (the global professional association for practitioners who specialise in inheritance and succession planning) and has completed the Advanced Certificate in Trust Disputes.
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All our Contentious Probate solicitors are members of the highly accredited Association of Contentious Trust and Probate Specialists ACTAPS.
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We have the largest team of contentious probate solicitors in the North West, ensuring you receive the best legal advice and support.
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We are a full-service law firm operating from a one-site office, which means our teams communicate effectively and efficiently, and our contentious probate lawyers can draw on support from other specialist lawyers, such as property, private client, agricultural, family, commercial and corporate lawyers.
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We use the latest technology to ensure that we are working as efficiently as possible and that geographical distance is no bar to us from providing you with excellent client service.
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Please look at the Opal Legal Promise for further benefits of working with us.
Contact Opal Legal Solicitors
If you have any more questions or would like more information, you can contact our Family Law Solicitors on: