If you are planning on marrying, you may be wondering if you need a prenuptial agreement, commonly...
When a loved one loses the capacity to make important decisions, it’s natural to want to ensure their wishes are respected. If you believe that someone appointed to handle affairs on their behalf is not acting in their best interests, it can be deeply distressing and risk your loved one’s welfare.
At CWJ, we understand how emotionally challenging these situations can be. Our expert solicitors will act promptly to protect your loved one’s rights and ensure their wishes are honoured.
You can trust our in-depth legal expertise and compassionate support to guide you through this difficult time and work towards achieving the best possible outcome for your family.
If you want to arrange an initial consultation, call our friendly team today on 01689 887887 or fill in our enquiry form. We’re here to provide expert legal guidance and support when you need it most.
For more general Court of Protection services, please contact our Court of Protection solicitors. Likewise, our Wills and estate administration solicitors in Orpington can provide bespoke advice on any wider queries you may have regarding Wills.
Please refer to our Court of Protection disputes FAQs below for more information.
Our solicitors can assist with…
- Applications to register a Lasting or Enduring Power of Attorney
- Applications for the appointment of a Deputy
- Applications for the authority to make a Statutory Gift or Statutory Will
Our expertise with Court of Protection disputes
Our Court of Protection dispute solicitors in Orpington combine legal expertise with a compassionate and practical approach. We know how complex and emotionally charged these cases can be, and we’ll take the time to understand your unique situation and deliver a bespoke solution.
We’ll draw on the expertise of our highly regarded disputes team, who are ranked by Chambers & Partners and for their excellent representation. You can trust us to handle your case sensitively, providing clear guidance every step of the way.
Our team includes various members and associate members of the prestigious Society of Trust and Estate Practitioners (STEP), recognising the high-level expertise we offer. Additionally, Grace Clarke, our head of Wills and Estate Administration, is a member of the Lifetime Lawyers Association.
At CWJ, we combine a focus on alternative dispute resolution with exceptional legal expertise to achieve the best possible outcomes. This approach not only saves time and costs but also helps preserve relationships during challenging disputes.
For more information, please see our dispute resolution solicitors page.
Our solicitors’ fees
We’ll provide a clear breakdown of all costs upfront, ensuring no surprises. If needed, we can discuss flexible payment options to suit your circumstances. Our services offer excellent value for money, and we will ensure that you have a solicitor with the right level of expertise to meet your requirements.
We can offer initial advice on a fixed fee basis. Depending on the particulars of your case, we may also provide representation at an hourly rate. Our transparency regarding fees and our clear communication means you can fully focus on what truly matters.
More information can be found on our fees page.
Our Court of Protection disputes services
Applications to register a Lasting or Enduring Power of Attorney
Lasting and Enduring Powers of Attorney are legal documents that authorise a designated party to act on someone’s behalf should they lose the capacity to make decisions themself. Lasting Powers of Attorney are used for property, finances, health and welfare, whereas Enduring Powers of Attorney may only be used for property and financial matters.
Both documents represent significant authority over what can be valuable assets. If you feel that the appointed party does not have the best interests of your loved one at heart, this can be extremely distressing.
At CWJ, our expert Court of Protection disputes lawyers have the expertise needed to advise on how best to proceed if you have concerns over the appointment or conduct of an attorney.
Applications for the appointment of a Deputy
A Deputy is similar to a Power of Attorney, but the appointment takes place after someone has lost the capacity to make decisions without having a Power of Attorney already in place. To apply for a Deputyship, the interested party must apply to the Court of Protection to manage someone else's affairs. It is relatively common for the appointment of the proposed Deputy to be challenged.
Our Court of Protection disputes solicitors in Orpington have experience of dealing with Deputyship disputes both for proposed Deputies and those seeking to challenge the appointment of a Deputy. We understand how emotionally draining these situations can be and will guide you through every step with care, ensuring you always feel supported.
Applications for the authority to make a Statutory Gift or Statutory Will
If someone cannot draft their own Will, the Court of Protection can draft a Statutory Will, which is functionally the same as if the affected party had drafted their Will themselves. Applications can also be made to the Court of Protection to sanction one-off decisions and lifetime gifting.
When a Statutory Will does not reflect your loved one’s true wishes, it can create lasting emotional and financial challenges for your family. When applying to challenge a Statutory Will, we’ll handle your case with sensitivity and precision to help ensure any Statutory Will reflects your loved one’s best interests.
Our expert Court of Protection disputes solicitors in Orpington have vast experience in making successful challenges to statutory Wills and Gifts. Rest assured that our services will be efficient and sensitive to the tricky situation you may find yourself in.
Court of Protection Disputes FAQs
How do you challenge a decision made by the Court of Protection?
You can challenge a decision made by the Court of Protection in several ways, which are outlined as follows:
- Appealing the decision: if it was found that the judge made an error or if new evidence comes to light, you can appeal to the Court of Appeal.
- Reconsidering a decision: for decisions made without a hearing, you can request a reconsideration within 21 days by submitting application forms and supporting witness statements.
- Challenging mental capacity findings: you may request a reassessment of the protected party’s mental capacity, through the court or by enlisting a qualified mental professional.
- Removing a deputy: if you can prove the deputy is not acting in the best interests of the represented party, you can apply for them to be removed in court.
Our solicitors can help you navigate these processes, ensuring your loved one’s interests are fully protected.
Can you challenge a Deputy?
If you feel that an appointed Deputy is not acting in their represented party’s best interests, you can challenge their appointment if you can prove that their appointment would be detrimental to the interests of the represented party.
The Court of Protection will subsequently arrange a Dispute Resolution hearing with the disputing parties. At this hearing, evidence will be examined to reach a consensus regarding the suitability of the appointed Deputy. Their decision will determine the success of the challenge to Deputyship.
How long does a Court of Protection dispute take?
There is no fixed timeframe for resolving a Court of Protection dispute, which means that the time it takes to resolve will depend on several factors, including the nature of the objections and court delays due to capacity.
What is the cost of a Court of Protection dispute?
The cost of a Court of Protection dispute varies according to the complexity of the case and the actions required. Standard fees include:
- Initial application fee: £408
- Appeal fee: £257
- Hearing fee: £494
There may be additional costs related to your specific case. Rest assured that we will keep you constantly updated, so you are not faced with any unwelcome surprises.
Please follow this link for an updated list of Court of Protection fees.
Speak to our solicitors in Orpington, Kent
If you wish to dispute an application to the Court of Protection, contact our expert disputes solicitors today for a prompt, sensitive service.
If you would like to arrange an initial consultation, call our friendly team today on 01689 887840 or fill in our enquiry form. We’re here to provide expert legal guidance and support when you need it most.