Will, Trust & Inheritance Disputes

The Court of Protection exists to make decisions for and on behalf of adults who sadly lack the mental capacity to make their own decisions. The Court can deal with a wide range of issues, whether affecting a person’s property and financial affairs or their health and welfare needs.

The Court of Protection applies the Mental Capacity Act 2005 in order to make decisions in a person’s “best interests”.

These are just a few examples of the sort of circumstances in which the Court of Protection may be asked to make a decision:-

• When there is a disagreement about where a person should live (e.g. at home with a support package or in a residential care home)
• Where there is a need to schedule contact arrangements due to difficulties in the family
• Where there is power of attorney in place, to appoint a Deputy to look after a person’s property and financial affairs
• When there are concerns about the conduct of a Deputy or an attorney, to investigate and decide whether there is a need for a replacement and/or any recovery action required against the Deputy or attorney
• Where significant or contentious financial decisions are required such as whether to sell the family home
• When an attorney wishes to make sizeable gifts on behalf of the person lacking capacity, for example towards a son or daughter’s wedding or towards a deposit for a house
• To make a will (known as a statutory will) for a person lacking capacity

Application may be made to the Court of Protection by a family member or anyone else concerned about a person’s best interests. The Office of the Public Guardian supervises attorneys and may bring their own claim if an attorney is not acting appropriately. The Local Authority may also become involved where issues of care are concerned.

Our specialist lawyers can assist with applications in the Court of Protection and in appropriate circumstances the Partners of Bell & Buxton can also act as Deputy for property and financial affairs.

See also our Deputyship page and Financial Abuse page for related information