Our specialist team is experienced in representing
client’s in contentious court proceedings.
Disputes in the Court of Protection
The Court of Protection is a specialist court designed to protect the interests of vulnerable people in society who lack capacity to make decisions for themselves. This may be in relation to their property and finances or their personal welfare.
The Court of Protection has the jurisdiction to resolve disputes relating to many aspects of a vulnerable person’s life.
Who we can assist
Our specialist team is experienced in representing client’s in contentious court proceedings in the Court of Protection. This includes representing:
The types of dispute before the Court of Protection
Due to the nature of Court of Protection services, disputes before the Court of Protection can be far ranging. We have set out a concise list of common property and financial disputes:
Mental Capacity
This would is in circumstances where either the ‘protected person’ or a close family member or friend opposes a decision made that determines that the person lacks capacity to manage their property and finances/ make decisions about gifts / make a valid Will.
We are experienced in the nuances of the Mental Capacity Act 2005 and the requirements for capacity assessments to be decision specific. We understand that the outcomes of a determination of someone lacking mental capacity can be far reaching and restrictive.
Objecting to the appointment of a deputy
Whilst it is advisable to take a preventive approach and ensure a Power of Attorney is appointed at a time when we have capacity, this does not always happen. Accordingly, applications are often made by Social Services, families or friends to appoint a Deputy to manage a person’s property and finances.
If you have been notified of such an application and oppose the application, our specialist team can assist with the objection and provide advice on the process. It can be a complex and lengthy process and we would always suggest legal advice is obtained if you wish to object to the appointment of a deputy.
Some reasons for the objection can be:
Objecting to a specific application such as an application for a Statutory Will or an application to make a gift
It is common practice for Attorney’s or Deputy’s to make applications seeking authority from the Court of Protection to make a gift or to apply for a Statutory Will.
As a family member or close friend you may be notified of such an application. You can oppose such an application if you are of the view that the person making the application is either:
In these circumstances, the Court of Protection will often list the matter for a directions or final hearing in order to ensure that the protected person’s best interests are met. The Court will want to understand the reasons why you oppose the application before making a best interests decision on the application.
Acting in court proceedings can be stressful and complex. Our team is specialised in contentious Court of Protection proceedings. We understand the sensitive nature of the disputes which arise in the Court of Protection and remain focused on achieving the best interests of the protected person.
For legal advice on court of protection services and related matters, complete the form below, email us at solicitors@gillhams.com or call us on +44(0)20 8965 4266.
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Accreditations
Gillhams Solicitors LLP. is authorised and regulated by the Solicitors Regulation Authority SRA No:488436
