When a person lacks capacity to make decisions about either their own personal welfare or their property and financial affairs any disputes which arise are usually resolved via application to the Court of Protection.
In some cases, a person may have an attorney appointed to make those decisions, in other cases a person may not. In the absence of a validly appointed attorney, the Court may appoint a deputy to make decisions about a person’s welfare or property and financial affairs or both.
Even with a validly appointed attorney or deputy, disputes arise. Where it is not possible to settle a dispute out of court, an application may be made to the Court of Protection to resolve such dispute.
Disputes vary widely in nature but some examples of those which we have experience of resolving are:
- Applications surrounding the validity of a Lasting Power of Attorney
- Applications relating to the suitability of an attorney or deputy
- Applications relating to concern around the conduct of an attorney or deputy
- Applications relating to financial abuse
- Applications relating to privately funded welfare matters
- Statutory Will applications
- Gifting applications
- Retrospective gifting applications
- OPG investigations into an attorney or deputy’s conduct