When a person has lost the capacity to make decisions for themselves, those decisions can be made by others on their behalf, provided such decisions are made in their best interests. Many people have nominated who they want to make decisions on their behalf by making a Lasting Power of Attorney. If a person loses the capacity to make the decision as to who to nominate, then somebody can apply to the Court of Protection to be appointed as a Deputy to make decisions on behalf of a person who has lost capacity.
Sometimes, however, disputes arise over who should be entitled to make such decisions, what decisions they should be allowed to make, what actions should be taken, or whether a person acting under a Lasting Power of Attorney or as a Deputy should be allowed to continue.
Taylor&Emmet’s team have in-depth knowledge in acting for all parties to Court of Protection disputes including:-
- Objections to the registration of Lasting Powers of Attorney
- Objections to application for Deputyship
- Applications for revocation of Lasting Powers of Attorney or Deputyships
- Contested applications for a Statutory Will
- Applications for “Best Interests” decisions
Court Proceedings can be not only expensive but also extremely time consuming and stressful. In many Inheritance, Will and Trust Disputes, family relations can also be strained and threat of court proceedings can only heighten such tensions. That is why at Taylor&Emmet we will discuss with you the potential for alternative methods to resolve matters including open meetings or mediations which often provide a quicker, more cost-effective method of providing clients with a satisfactory solution.