Contentious mental capacity and court of protection
We can assist with contentious matters that arise when someone loses or is losing mental capacity. These types of applications usually take place in the Court of Protection, which makes specific decisions, or appoints deputies to make decisions, on behalf of people who lack the capacity to do so themselves. Issues that we can help with include:
- Bringing or defending claims for statutory wills (i.e. wills put into place by the Court of Protection for a person who has lost the capacity to make a will themselves), both urgent and less urgent
- Advising on contested Court of Protection matters, including claims relating to approval of gifts (prospective and retrospective), inappropriate conduct by attorneys, carers and deputies or financial abuse
- Advising on contested and/or urgent deputyship applications and disputes regarding the registration of Lasting and Enduring Powers of Attorney (LPA / EPA)
- Advising on urgent or contentious applications for orders to sell or transfer property for protected parties
- Advising on the outcome of capacity assessments, including family and business governance in light of incapacity, or assisting with overseas assets
- Advising on applications for authority to litigate
- Advising on the recognition of foreign powers of attorney in England and Wales and other cross-border capacity issues including recognition of deputyships cross-border
- Advising on investigations by the Office of the Public Guardian and applications related to such investigations
Many of the trust and estate disputes we act on also involve related capacity issues, including:
- Advising fiduciaries or beneficiaries where a fiduciary, power holder or other interested party is losing or has lost capacity, including applications to replace trustees, approve decisions, or vest assets
- Acting on behalf of protected parties and minors to apply to approve a settlement
- Capacity issues relating to probate or estate related claims