The Court of Protection is a dedicated court that has the power to make decisions on behalf of 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 served with notice of an application to the court, for example 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.
It is important to take specialist advice before you respond with your objection. The time limits for objecting to an application in the court are quite short and therefore to prepare the best possible case, it is wise to contact a specialist immediately.
Sadly, there may be occasions where a party has concerns that an Attorney or Deputy are not acting in a vulnerable person’s best interests. In this situation, there are steps that can be taken to investigate a deputy or attorney’s actions and, if necessary, ask the court for the individual to be removed from the position.
The general rule concerning costs in relation to applications concerning a person’s (P’s) property and financial affairs is that all parties’ costs (provided they have acted reasonably) will be paid from P’s estate. However the court has the power to depart from this rule, in certain circumstances.
The general rule in cases concerning P’s health and welfare is that there will be no order for costs – which means that each party will bear their own costs. However, the court, again, has the power to depart from this rule in certain circumstances.
We can advise and assist you with regard to any contested Court of Protection applications – please call our team of specialist solicitors today on 0800 2800 421 to discuss your case.
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