Court of Protection Disputes

The Court of Protection plays a vital role in safeguarding individuals who lack mental capacity, whether due to illness, injury, or age-related decline. It makes decisions on behalf of vulnerable individuals concerning their health, welfare, and financial affairs. However, disputes can arise when parties disagree over who should make decisions, how decisions are made, or what is truly in the individual’s best interests.

At Blackstone Solicitors, we assist clients across England and Wales in navigating these sensitive and often complex legal disputes, providing strategic support that balances compassion with legal precision.

At Blackstone, we always aim to provide the best service possible. Meticulous in our approach, we will make sure everything is dealt with as you wish and will keep you updated throughout the legal process, ensuring that you always know of any developments.

“Great to work with”

– Brian Foden

Typical Causes of Court of Protection Disputes

Disputes under the Court of Protection’s jurisdiction may include:

Deputyship disagreements: Conflicts over who should be appointed as a deputy, especially where competing applications are made by family members or professionals.
Concerns over a deputy’s conduct: Allegations of financial mismanagement, neglect, or decisions perceived to be against the individual’s welfare.
Best interests disagreements: Family members, medical professionals, or carers may clash over choices relating to medical treatment, living arrangements, or care planning.
Challenges to capacity assessments: Disputes may arise over whether the individual genuinely lacks capacity, or whether they have been wrongly assessed.
Objections to specific decisions: For example, opposition to a deputy’s proposal to sell property, change care arrangements, or make large financial gifts.

These disputes can be emotionally charged and legally intricate, requiring prompt and careful handling to avoid adverse consequences.

Legal Framework and Protections

The Court of Protection operates under the Mental Capacity Act 2005 and is guided by five key principles:

Presumption of capacity
Support to make decisions
Right to make unwise decisions
Best interests determination
Least restrictive option

Deputies and attorneys under a Lasting Power of Attorney must act according to these principles, and failure to do so may result in court scrutiny, removal, or legal sanction.

Resolving Court of Protection Disputes

Disputes are typically resolved through:

Legal correspondence and negotiation: Early intervention and clear advice can often defuse tensions.
Mediation: Facilitated dialogue allows parties to reach mutual agreements with the individual’s welfare at the centre.
Court hearings: The Court of Protection may be asked to decide contested deputyship applications, review decisions, or provide directions where conflict persists.
Safeguarding referrals: In serious cases, reports may be made to the Office of the Public Guardian or local authority for protective action.

At Blackstone Solicitors, we tailor our approach to the sensitivities of each case, always keeping the individual’s dignity and rights at the heart of any legal action.

Prevention and Proactive Planning

To minimise disputes, we advise:

Selecting deputies and attorneys with care and clarity
Maintaining detailed records of capacity assessments and decisions
Seeking legal guidance when significant financial or welfare decisions are contemplated
Encouraging communication and transparency among family members

By planning thoughtfully and acting responsibly, families can avoid drawn-out conflict and ensure that vulnerable individuals receive the protection and respect they deserve.

Our Approach

We place huge emphasis on getting things done properly and efficiently. This is especially true when providing legal advice on court of protection disputes and we have vast experience of this area of law. We take all of the necessary provisions to protect you, your family and your estate ensuring they are properly set out, fulfilling every aim and objective whatever your requirements may be.

Our Services

We can provide help with a wide range of matters relating to wills and inheritance disputes, including:

Get in Touch

Contact us today to discuss any matter relating to court of protection disputes. We can talk about your situation in-depth and get to the bottom of what you need and how we can help. We are here to answer any questions which you have, and we aim to make everything as simple for you as possible.

Our team is approachable and professional, and we will do everything in our power to help you get the outcome you need. Call us on 0330 808 0801 or, if you would prefer us to contact you, leave your details via our online enquiry form.

We offer our services to clients in Manchester, Chester, Cheshire and throughout the rest of the UK. We also have an office in London.