Court Of Protection Problems & Disputes

Protecting the best interests of your vulnerable loved one often means working with the Court of Protection. In some cases, you might not be happy with your loved one’s care, or you might wish to challenge a decision made by an attorney, a deputy or the Court. If you’re concerned that a vulnerable loved one’s best interests aren’t being met, our Court of Protection disputes solicitors can help.

The Court of Protection makes finance and welfare decisions on behalf of people who can’t make those decisions for themselves. The Court often resolves minor disputes about a vulnerable person’s best interests themselves, but some disputes can be more serious and need specialist solicitors to get involved.

What Are The Common Problems We Help With?

Making decisions on behalf of a vulnerable loved one often involves multiple family members. Family disagreements can be difficult to resolve because emotions run high and family members often take sides against one another.

Our specialist Court of Protection disputes solicitors can help families and their vulnerable loved ones resolve a variety of problems. If we can’t help you resolve the dispute yourself, then we can help you make an application to the Court of Protection.

The Court most commonly handles:

Disputes about whether or not a vulnerable person has the mental capacity to make decisions and manage their own affairs.
Disagreements between family members about who should make decisions on behalf of their vulnerable loved one.
Disputes about what type of decisions should be made on a vulnerable person’s behalf.
Challenges to a deputyship application (when one person makes an application to appoint a deputy for a vulnerable person and another person challenges this).
Disagreements between deputies over the way a vulnerable person’s affairs are being managed.
Disputes concerning whether a vulnerable person’s liberties should be restricted for their own good. (Find out more about this on our about Deprivation of Liberty Safeguards page).

The Court will consider your dispute and can make decisions or give you direction about your options that fit your vulnerable loved one’s best interests.

If you’d like to know more about the Court of Protection, deputies or the processes involved, please visit our Court of Protection FAQs page where our experts have answered your questions. Alternatively, contact us on 0370 1500 100 or get in touch online.

How Can We Help?

Our experts have years of experience helping clients with Court of Protection disputes. We can advise you about your options and liaise with the other parties involved in the dispute to help you reach an agreement.

In some cases, we can help you resolve your dispute with the other person through written communication or mediation. Having an independent third party involved to explain and explore all options can be a very effective way of reaching an agreement.

Disputes within families are often emotionally charged and a bad environment for making important choices about a vulnerable loved one. Our expert solicitors operate with sensitivity and can explain all of your available options and answer your questions. We always prioritise getting you the best outcome for your vulnerable loved one, keeping their best interests at heart throughout the process.

If we can’t reach a resolution, then we can guide you through a Court of Protection application, whether you’re making an application or defending against one. We’ll then advise or represent you throughout the Court process to get you the best possible outcome for your vulnerable loved one.

Who Do We Help?

We’ve been helping people with Court of Protection disputes for more than 20 years, so our dedicated team are experienced in all Court of Protection matters. Many of our clients are loved ones or family members who can’t agree on what’s best for their vulnerable relative.

We also work with professional deputies and attorneys from outside of Irwin Mitchell who disagree over the way a vulnerable person’s affairs are being managed.

No matter what your dispute is about, our expert solicitors can help you come to a resolution that best fits the needs of your vulnerable loved one.

Why Choose Irwin Mitchell?

As a rule, every Irwin Mitchell solicitor lives by our ‘expert hand, human touch’ approach. This means that we’ll fight your corner to get you the best outcome, while always being sensitive to your situation. We aim to guide and support you throughout the process to minimise your stress as much as we can.

We have vast experience in Court of Protection matters, which is a very specialised area of the law. Our specific knowledge means we can help you navigate the Court’s complex procedures to make sure your loved one’s best interests are protected.

We have offices all over the country, so we’re on hand to help wherever you need us.

We’re members of certain professional bodies, which give us extra insight into the Court of Protection and other issues, including:

The Panel of Court Appointed Deputies
The Deputy’s Forum
The Joint Liaison Group of the Court of Protection.

Contact Us

If you’re in a disagreement about what’s in a vulnerable person’s best interests, our expert Court of Protection dispute solicitors can help. Give us a call on 0370 1500 100 or get in touch online.

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