Court of Protection Disputes

Our specialist Court of Protection dispute team act for family members, deputies, attorneys and interested parties who need to challenge applications, oppose decisions, or resolve conflicts involving the care, finances or welfare of a vulnerable person.

We provide clear strategic advice, strong representation and practical solutions designed to protect both legal rights and the best interests of the individual concerned.

Common Types of Court of Protection Disputes

We regularly advise on disputes involving:

• Deputyship Challenges - Opposing an application for deputyship or applying to remove or replace an existing deputy.

• Financial Management Disputes - Concerns about misuse of funds, inappropriate spending or failure to act in the person’s best interests.

• Best Interests Disputes - Disagreements over care arrangements, accommodation, medical treatment or welfare decisions.

• Capacity Disputes - Challenging whether a person has capacity to make specific decisions.

• Family Disagreements - Resolving conflicts between relatives over decision-making authority and responsibilities.

Why Choose Us?

These disputes require a highly experienced and specialist approach. Outcomes often depend on evidence quality, procedural strategy and tactical handling of negotiations and hearings.

We offer:

• Deep Experience in Contested Court of Protection Matters – we anticipate issues and prepare cases effectively.

• Strategic Case Management - these cases often involve multiple parties, urgent applications and sensitive evidence.

• Strong Litigation Capability - where disputes cannot be resolved by agreement, we prepare robust cases for court hearings and contested proceedings.

• Clear, Practical Advice - on prospects, risks, costs and likely outcomes so you can make informed decisions at every stage.

How Court of Protection Disputes Are Resolved

Each case is different, but the typical process includes:

• Initial Case Review - we assess the dispute, urgency and legal issues involved.

• Evidence Gathering - this may include medical evidence, financial records, capacity assessments and witness statements.

• Negotiation and Resolution Attempts - where appropriate, we explore negotiated solutions to reduce conflict and avoid prolonged court proceedings.

• Court Applications and Hearings - if agreement cannot be reached, formal applications are made and the dispute is determined by the court.

Our approach is always focused on achieving a practical outcome while protecting legal rights and the vulnerable person’s welfare.

Why These Disputes Are Technical and High Risk

Court of Protection disputes involve strict legal procedures and close judicial scrutiny. Risks can include:

• Emergency applications and urgent hearings

• High evidential thresholds

• Financial and safeguarding consequences

• Cost exposure

• Ongoing court supervision

Specialist legal advice is essential to avoid procedural errors and protect your position.

Speak to Us

If you are involved in a dispute relating to mental capacity, deputyship or Court of Protection decisions, contact our Court of Protection dispute lawyers today.

Early advice can make a critical difference to the outcome of your case.