Deputyship and Attorney disputes and statutory wills

Our team of specialist solicitors has experience in dealing with statutory will applications, disputed deputyship and attorney applications and challenges to the actions of property and financial affairs deputies and attorneys.

Our Court of Protection disputes expertise

Our legal team has the expertise needed to handle a Court of Protection related dispute. We regularly provide advice and support on the following:

  • disputed statutory will applications;
  • disputed deputyship and attorney applications; and
  • challenging the actions of a property and affairs deputy or attorney.

At Hugh James we also have a leading Court of Protection Unit which is dedicated to dealing with the property and financial affairs of those who lack mental capacity.

Statutory Wills

A statutory will is a will made on behalf of a person who lacks the mental capacity to make a will themselves, upon application to the Court of Protection. The guidance is set out in the Mental Capacity Act 2005 and any statutory will must be made in the person’s best interests. The Court of Protection will therefore want to ensure that, in making an application for a statutory will, the following has been considered:

  • the person’s past and present wishes and feelings (and, in particular, any relevant written statement made by them when they had capacity);
  • the beliefs and values that would be likely to influence their decision if they had capacity; and
  • the other factors that they would be likely to consider if they were able to do so.

If you are likely to be affected by a statutory will application then you are entitled to respond and have your say. We are able to advise you whether you wish to prepare a statutory will on someone’s behalf, want to dispute a statutory will application or need to defend a challenge to a statutory will. 

Disputed deputyship and attorney applications

A deputy is a person appointed by the Court of Protection to make decisions on behalf of someone who lacks the mental capacity to make those decisions themselves.

An attorney is a person who has been chosen by a donor (the person making the appointment) to deal with the donor’s affairs should they lose mental capacity. An attorney was previously appointed under an Enduring Power of Attorney. Since 1 October 2007, a person can appoint an attorney under a Lasting Power of Attorney.

Both a deputy and an attorney can be appointed to help a person who lacks capacity with the following:

  • property and affairs
  • welfare

For whatever reason, sometimes there are doubts over whether the person proposed to act as a deputy or attorney is fit to do so.

Our team is experienced in dealing with disputes which may arise over the appointment of a deputy or attorney. Whether you are the proposed deputy or attorney facing a challenge or you have concerns about the person who is intending to become, or is already, a deputy or attorney our team of expert solicitors are on hand to offer you the legal advice and guidance you need. 

Challenging the actions of a property and affairs deputy or attorney

Sadly, it is all too common that a person in a position of trust may sometimes abuse that position for their own financial gain.

This is particularly common where a vulnerable person is involved. If you have concerns that someone you care about may be being taken advantage of by a deputy or attorney you need a team of solicitors who have expertise in this area and who can act fast.

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Tel: 033 3016 2222

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Tel: 033 3016 2222

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