Court of Protection matters often arise at a difficult and unexpected moment.
A parent may have suffered a stroke. A diagnosis may have progressed. Financial decisions may suddenly need to be made, but no lasting power of attorney is in place. In other situations, family members may disagree about who should take responsibility.
Practical questions quickly follow.
In these circumstances, legal authority may need to be obtained through the Court of Protection.
The Court of Protection is the specialist court that makes decisions for people who lack mental capacity. It safeguards individuals who are unable to make certain decisions themselves, whether those relate to property and finances or, in some cases, health and welfare.
The process is formal and evidence-based. Medical confirmation of capacity is required, and strict procedures must be followed. Clear and careful preparation can help reduce delay and uncertainty.
As Lexcel-accredited Court of Protection solicitors, we guide families through these situations calmly and carefully, ensuring the right authority is obtained and the individual’s interests are properly protected. From our offices in London and Kent, we advise on both straightforward applications and more complex or contested Court of Protection matters.
Call us on 0808 2562 917 or
As Court of Protection solicitors, we are often asked to help with two main types of application – appointing someone to manage finances and updating an outdated will where capacity has been lost.
If there is no valid lasting power of attorney in place, an application may need to be made for a deputy to be appointed.
Becoming a deputy is not simply an administrative step. A deputy must act in the best interests of the person who lacks capacity. This involves managing finances responsibly, keeping proper records and reporting to the Office of the Public Guardian. Certain decisions, including significant gifts or major financial transactions, require specific authority.
We help families understand what the role involves before applying. We then:
Our aim is to make the process as clear and manageable as possible at what can be an already stressful time.
Sometimes someone loses capacity and their existing will no longer reflects their current situation.
In those circumstances, it may be possible to apply to the Court of Protection for a statutory will. This is a detailed and evidence-based application. The Court must be satisfied that the proposed will is in the individual’s best interests.
These applications require careful preparation and sensitive handling. Where disagreements arise about what should happen, or concerns are raised about how authority is being exercised, we also advise on more complex Court of Protection disputes involving attorneys, deputies and family members.
Call us on 0808 2562 917 or
Our private client solicitors support families by providing:
If someone close to you can no longer make certain decisions themselves, it can raise difficult practical and legal questions. Our Court of Protection solicitors provide careful advice to help families understand what needs to happen next.
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.
Can health and welfare decisions be made by the Court of Protection?
Yes, although this is less common than financial applications. The Court of Protection can make decisions about medical treatment, care arrangements or living situations where there is disagreement or uncertainty. These cases can be sensitive and often involve detailed medical evidence.
Can the Court of Protection remove an attorney or deputy?
Yes. If concerns arise about misuse of funds, lack of transparency or failure to act in someone’s best interests, the Court of Protection has powers to investigate. It can require accounts, suspend authority or remove and replace an attorney or deputy where necessary. Legal advice is important before taking formal action to ensure concerns are handled proportionately.
Getting in touch couldn’t be easier. Use our form or call us to speak to an experienced solicitor in confidence.
Please note we cannot offer legal aid.
