Contested applications to the Court of Protection

The Court of Protection is a dedicated court that looks after those who have lost mental capacity.

As well as helping you with more routine applications in the Court of Protection, our team can assist with contested applications.

You may have been provided with notice that an Enduring Power of Attorney (EPA) or Lasting Power of Attorney (LPA) is to be registered and you do not think that the proposed attorney is appropriate or you wish to have your say.

You may have been provided with notice of an application to the Court, either for a deputy to be appointed, a statutory will to be made, a gift application or an application of some other nature that you do not agree with.

Sadly there are occasions when individuals take advantage of the position they are in. An Attorney or Deputy may already be acting and you do not think they are acting in the person’s best interests. There are things that can be done to investigate their actions and if necessary ask the Court for that individual to be removed from the position.

It is important to take specialist advice before you respond with your objection.

The general rule of costs in is that all parties’ costs will be paid from the monies of the individual who lacks capacity. However the Judge does have power to depart from this if he believes you have acted unreasonably and can order that you pay not only your own costs but those of the other parties.  We can advise you on how you should respond to application.

Please note the time limits for objecting to an application in the Court to registration are quite short and therefore to prepare the best possible case, it is wise to contact a specialist immediately.

Solicitors

Holly Algar
Associate
Private Client
Southampton
023 8082 0515
Private Client

Paralegals

Rachel Kent
Paralegal
Private Client
Salisbury
01722 426991
Private Client