Court of Protection Disputes

Disputes around the care of vulnerable loved ones and seeking to ensure that their best interests are protected can be challenging and distressing. Our team of expert lawyers in the field of Court of Protection disputes are well placed to assist you in navigating these difficult times.

We bring and defend applications in the Court of Protection including disputes over an appointment of a deputy or attorney, disputes around a vulnerable person’s mental capacity, challenging gifts made by a deputy or attorney, disagreements arising in relation to statutory wills, challenging personal welfare decisions and disputes arising in relation to whether the deputy or attorney is acting in the best interests of a vulnerable person.

We also act in related civil action arising as a consequence of allegations concerning coercion or undue influence, rogue deputies or abuse of a Lasting Power of Attorney, such as breach of trust and/or fiduciary duty claims. These claims often extend to making applications for an injunction to prevent the perpetrator from disposing of or dealing with misappropriated assets.

Where a dispute is ongoing, we act as independent deputies, trustees or litigation friends to ensure that the interests of the person who lacks capacity and any disputed assets are protected during the litigation. Appointing a neutral professional can assist in resolving disputes between the parties.

Our Court of Protection team also has the unique benefit of being able to work closely alongside our Media & Reputation and Criminal Litigation teams. Increasingly, we are being instructed in Court of Protection matters where this additional expertise is needed because of the serious allegations of wrongdoing or the high profile nature of the people involved.

We are also experienced in all non-contentious aspects of Court of Protection work.

For more information, look at our frequently asked questions on disputes in the Court or Protection below and read our recent blogs.