Disputes involving the Court of Protection often arise where there are concerns about how decisions are being made for someone who lacks mental capacity, or about the conduct of an attorney or deputy managing their affairs.

Our specialist Private Wealth Disputes team advises families, attorneys, deputies and professional advisers on resolving Court of Protection disputes sensitively, lawfully and effectively.

What are Court of Protection disputes?

Court of Protection disputes involve disagreements about decisions made for individuals who lack capacity to manage their property and financial affairs, health and welfare, or both.

These disputes commonly relate to:

concerns about an attorney or deputy’s conduct
disagreements between family members
challenges to Lasting Powers of Attorney (LPAs)
applications for statutory wills
best interests decisions

When might a dispute arise?

Disputes frequently arise where:

family members disagree about care, finances or living arrangements
an attorney or deputy is accused of mismanagement or abuse
there is a conflict of interest
the protected person’s wishes are disputed
urgent decisions are required

Early legal advice is often critical to prevent harm and protect assets.

Our Court of Protection dispute services

We advise on:

challenging or defending the actions of an attorney or deputy
applications to remove or replace an attorney or deputy
statutory will applications
disputes over gifts, spending or property transactions
best interests decisions
safeguarding concerns and urgent applications

How are disputes resolved?

Initial assessment: We assess capacity, the legal framework and the concerns raised.

Evidence gathering: This may include financial records, medical evidence, care records and witness statements.

Court of Protection applications: We prepare and manage applications to the Court of Protection, including urgent or interim applications.

Ongoing case management: We support clients through hearings, reporting requirements and compliance with court orders.

Costs and funding

Costs depend on the nature of the application and the parties involved. In some cases, costs may be met from the protected person’s funds, subject to court approval.

We provide clear advice on costs at an early stage.

Why choose Hugh James?

Clients choose us for our:

specialist expertise in Court of Protection disputes
experience handling sensitive and high-risk cases
clear understanding of capacity law and safeguarding
practical, proportionate advice
ability to act quickly where urgent action is needed

Key contact

Roman Kubiak TEP

Partner

Roman Kubiak is a Partner and Head of the market leading Private Wealth Disputes team.

He advises across the whole spectrum of private wealth disputes, with a particular focus on high value, complex and cross-border disputes including: trust disputes, breach of trust claims and applications to remove trustees; will disputes, particularly those with an international element; claims under the Inheritance (Provision for Family and Dependants) Act 1975; and claims for equitable relief under proprietary estoppel, constructive trusts and resulting trusts.

Roman Kubiak is described by a client as “tremendously capable, he knows what he is doing. He’s a national figure.” Another source adds: “Roman is exceptionally knowledgeable, he is very pragmatic and very solution-oriented.”

Chambers & Partners

A natural and dynamic leader’, the ‘very impressive’ Roman Kubiak heads the firm’s Private Wealth Disputes team and is noted for his ‘deep knowledge of estates and trusts law’.

The Legal 500

Recent experience

Acted for family members challenging deputy conduct in relation to property and financial affairs, securing judicial removal and appointment of a professional deputy.
Advised on applications to restrict attorney powers under a Lasting Power of Attorney where there were concerns about financial mismanagement.
Prepared and managed statutory will applications where capacity was in dispute, coordinating medical evidence and Court of Protection submissions.

Next steps

We’re here to get things moving. Drop a message to one of our experts and we’ll get straight back to you.

Call us: 033 3016 2222

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Court of Protection, attorney and deputy disputes