Court of Protection Disputes
Experienced Court of Protection solicitors helping families resolve capacity disputes and deputy disputes.
Challenging decisions made on behalf of a vulnerable person.
If you are concerned about decisions made on behalf of a vulnerable person – whether by the Court of Protection or by a deputy or attorney acting under its authority – you may have grounds to challenge them.
These disputes commonly arise where there are questions about mental capacity, financial management or whether decisions genuinely reflect the individual’s best interests. Concerns may relate to property sales, investment decisions, lifetime gifting or the making of a statutory will.
Court of Protection proceedings can carry significant financial and personal consequences. A careful, structured and evidence-led approach is essential from the outset.
Thomas Mansfield’s private client disputes solicitors can help you assess your position, understand your options and take proportionate steps to protect the vulnerable person’s best interests.
Who we act for in Court of Protection disputes
We advise a range of clients involved in contested Court of Protection proceedings, including:
- Family members concerned about the management of a vulnerable person’s affairs.
- Individuals seeking to challenge capacity assessments or statutory will applications.
- Deputies or attorneys responding to allegations or applications for removal.
- Beneficiaries affected by financial decisions made on behalf of someone lacking capacity.
These matters often involve significant assets and sensitive family dynamics. Whether you are raising concerns or responding to them, we provide clear, strategic advice tailored to your role and responsibilities.
Call us on 0203 993 4813 or
Understanding Court of Protection disputes.
The Court of Protection deals with decisions concerning individuals who lack mental capacity to manage their affairs.
Disputes can arise where there are concerns about:
- Whether a person has capacity to make particular decisions.
- The way a deputy or attorney is exercising their authority.
- Applications to remove or replace a deputy.
- Allegations of financial mismanagement or conflict of interest.
- Applications for a statutory will that may affect future inheritance.
The Court’s central test is always the individual’s best interests. However, disagreement about what those interests require can lead to contested proceedings, particularly where significant assets or differing family views are involved.
Where Court of Protection decisions affect property, investments or future inheritance arrangements, the consequences can be substantial.
Clear legal advice is essential to navigate them effectively.
Call us on 0203 993 4813 or
Why clients trust Thomas Mansfield Solicitors.
Our contentious probate solicitors advise families on matters involving contested capacity assessments, concerns about deputy conduct and disputes over statutory wills.
We focus on the practical issues – what has happened, whether duties have been met and what steps are realistically available.
We provide:
- Clear advice on whether a challenge is justified.
- Careful assessment of medical and financial evidence.
- Proportionate strategy, focused on outcome and cost control.
- Strong representation where proceedings are required.
Our team was named a finalist in the 2026 LexisNexis Legal Awards. That recognition reflects the quality of our work and the trust families place in us to handle Court of Protection matters with discretion and sensitivity.
Meet our team
Resolve Court of Protection disputes with expert advice.
If you are facing concerns about mental capacity, the actions of a deputy or decisions being made on someone’s behalf, early legal advice can make a significant difference.
Our Court of Protection solicitors provide clear, careful guidance to help families understand the position and decide on the right next steps.
Three simple steps to getting the advice you need
Frequently asked questions
Are there time limits for Court of Protection disputes?
Unlike some inheritance claims, there is usually no fixed statutory limitation period for bringing a Court of Protection application. However, delay can have practical consequences. Financial decisions may already have been implemented, assets transferred or statutory wills approved. The longer matters are left unresolved, the more complex it can become to reverse or challenge decisions. In urgent situations - particularly where there are concerns about asset dissipation or misuse of authority - prompt action is essential. Early legal advice helps preserve options and protect the vulnerable person’s interests.
Can a deputy be removed?
Yes. If there are concerns about a deputy’s conduct - such as mismanagement of funds, conflict of interest or failure to act in the person’s best interests - an application can be made to remove or replace them. The Court will examine evidence carefully before taking such a step. These applications require structured preparation.
Can I dispute a Court of Protection application?
Yes. If someone has made an application to the Court of Protection - for example to appoint a deputy, approve a statutory will or challenge an existing arrangement - you may be entitled to object. The court will consider evidence from all interested parties before making a decision. It is important to respond formally and within any procedural deadlines set by the court.
What does the term ‘statutory will’ mean?
A statutory will is a will authorised by the Court of Protection on behalf of someone who lacks mental capacity. It may be sought where existing arrangements no longer reflect the person’s circumstances. Applications for statutory wills can be contentious, particularly where family members disagree about inheritance expectations.
What is the Court of Protection?
The Court of Protection makes decisions about individuals who lack mental capacity to manage their financial or personal affairs. It can appoint deputies, oversee lasting powers of attorney and approve significant decisions, including statutory wills. Where disputes arise about capacity or financial management, the court determines what is in the person’s best interests.
Who can challenge a Court of Protection decision?
Family members, deputies, attorneys and others with a legitimate interest in the individual’s welfare or finances may be able to raise concerns or apply to the court. The appropriate route depends on the circumstances and the type of decision being challenged. Early advice is important to understand whether a formal application is justified and proportionate.
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Please note we cannot offer legal aid.