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 call our team of specialists solicitors today on 0800 2800 421 to discuss your case.

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.

Meet the team

James Hammersley

Partner
Poole

Mihiri Gajraj

Partner
Southampton

Chris Pemberton

Partner
Salisbury

Gary Pick

Partner
Poole

Richard Dollimore

Partner
Poole

Rupert Thompson

Senior Associate
Winchester

Claire Radigois

Senior Associate
Salisbury

Martha Swann

Associate
Poole

Holly Algar

Associate
Southampton

Derek Bryer

Associate
Salisbury

Arcadius Gregory

Solicitor
Southampton

Jenny Shucksmith

Chartered Legal Executive
Salisbury

Paula Arnold

Trusts and Tax Practitioner
Poole

Philip Savage

Paralegal
Southampton