Litigation

Court of Protection Disputes

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Court of Protection Disputes

The Court of Protection acts as a legal safeguard for individuals who may be unable to make decisions independently, ensuring that their rights and best interests are protected.

Court of Protection Disputes

The Court of Protection acts as a legal safeguard for individuals who may be unable to make decisions independently, ensuring that their rights and best interests are protected. However, there are times when you may not be satisfied with an outcome decided by the Court of Protection or when you are not happy with a deputy or power of attorney and need to address the dispute.

 

What is the Court of Protection?

The Court of Protection is a specialised legal body that makes decisions for individuals lacking the capacity to do so. It determines a person's capacity to make specific decisions, advises on financial and welfare matters, appoints deputies for ongoing decision-making, validates Powers of Attorney, and has the authority to remove deputies or attorneys failing in their duties. The court also hears objections to the registration of Lasting Powers of Attorney and Enduring Powers of Attorney

The Court of Protection plays a crucial role in overseeing and making decisions under the Mental Capacity Act.

 

Why do cases go to the Court of Protection?

Cases are brought to the Court when individuals, either directly or through someone representing them, seek permission to make decisions on various aspects of their lives. 

 

One primary reason for cases to come before the Court of Protection is when individuals lack the capacity to make decisions for themselves, and others need authorisation from the Court to act on their behalf. These decisions can relate to important aspects of an individual's life, including health, welfare, financial affairs, or property matters. The Court evaluates whether the actions taken on behalf of the individual are appropriate, considering the individual's capacity or best interests.

 

Disputes that cannot be resolved through alternative means, such as independent mental capacity advocacy, may also find their way to the Court of Protection. In instances where disagreements continue, the Court steps in to assess the situation and make legally binding determinations.

The Court's jurisdiction extends to situations where a series of decisions, rather than a single decision, need to be made for an individual. This could involve complex scenarios that require legal scrutiny and approval from the Court.

Additionally, cases may be brought to the Court of Protection when there is a need to remove an attorney acting under a lasting power of attorney or a deputy. This removal process is subject to the Court's assessment of the circumstances and the best interests of the individual involved.

Healthcare and personal care matters, in the absence of an appointed attorney or deputy, can also be addressed by the Court of Protection. This ensures that decisions regarding an individual's well-being are made in accordance with legal standards and considerations.

The Court handles disputes related to the validity or interpretation of advance decisions, lasting powers of attorney, and deprivation of liberty safeguards (DoLS) authorisations. This includes determining the lawfulness of a DoLS authorisation or settling disputes surrounding the use of safeguards, including the authorisation of deprivation of liberty in cases where DoLS haven't been implemented.

 

 

How can GloverPriest help?

Our Court of Protection dispute solicitors have extensive experience in all kinds of disputes and aim to assist with a quick resolution often without the need for a formal court procedure if possible.

 

Contact our Court of Protection solicitors

At GloverPriest, we provide friendly and transparent legal advice. If you would like further advice on Court of Protection dispute matters, please don’t hesitate to speak to one of our expert litigation solicitors today. Complete our enquiry form.

 

 

Frequently Asked Questions

 

Is the Court of Protection and power of attorney the same?

No the Court of Protection and power of attorney are not the same. The Court of Protection appoints deputies via a court order for someone who lacks mental capacity. Whereas, a power of attorney gives someone authority to make decisions on someone else’s behalf when they have mental capacity. The Court of Protection may intervene if someone is deemed not to have the mental capacity to decide who should be their attorney or if there are issues with an attorney for instance.

 

Can you appeal against a Court of Protection decision?

You can appeal against a Court of Protection decision if you are not happy with it. In cases where the decision was made without a hearing, an application for reconsideration can be submitted to the court. It is crucial to initiate this process within 21 days from the date of the original decision. In instances where a hearing took place, individuals seeking to appeal the decision must request permission to do so. 

 

What decisions can the Court of Protection make?

The Court of Protection can make a number of decisions. The Court has the authority to determine whether a person possesses the capacity to make a specific decision for themselves. This involves assessing an individual's ability to understand and communicate decisions regarding various aspects of their life.

It can make declarations, decisions, or orders related to financial or welfare matters that affect individuals lacking the capacity to make such decisions. This ensures that important life choices, including financial and healthcare decisions, are made in the best interests of the individual.

The Court has the power to appoint deputies who can make ongoing decisions on behalf of individuals lacking the capacity to do so. 

The Court can decide on the validity of legal instruments such as Lasting Powers of Attorney (LPA) or Enduring Powers of Attorney (EPA). This includes assessing whether these instruments accurately represent the intentions of the individuals involved and comply with legal requirements. In cases where deputies or attorneys appointed to make decisions fail to carry out their duties appropriately, the Court has the authority to remove them. This ensures accountability and protects the welfare of the individuals they represent.

 

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The Team

Jonathan Peck

Head of Litigation

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Roxanne Speed

Paralegal

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