Court of Protection Disputes

Q: How long does it take to go through the Court of Protection?

Deputyship applications can take four to six months. Statutory will applications can take six to 12 months.

Q: Can you apply to the Court of Protection without a solicitor?

You don’t need a solicitor to apply to the Court of Protection. But because the process is long, confusing, and often emotional, we always recommend having someone by your side to explain any complications and help strengthen your case. This is especially true if you’re going to court because someone has contested your application.

Q: What decisions can be made through the Court of Protection?

The Court can decide things like: Whether a person has capacity to make their own decisions or not Where a vulnerable person should live What should happen with their finances What care they need, now and in the future Whether a ‘ deprivation of liberty ’ should be authorised Whether certain people should be allowed to visit them Which people should be allowed to make decisions for them.

Protecting the best interests of your vulnerable loved one often means working with the Court of Protection. In some cases, you might not be happy with your loved one’s care, or you might wish to challenge a decision made by an attorney, a deputy or the Court. If you’re concerned that a vulnerable loved one’s best interests aren’t being met, our Court of Protection disputes solicitors can help.

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What Are The Common Problems We Help With?

The Court of Protection makes finance and welfare decisions on behalf of people who can’t make those decisions for themselves. The Court often resolves minor disputes about a vulnerable person’s best interests themselves, but some disputes can be more serious and need specialist solicitors to get involved.

You can ask us to act as a deputy if you don’t feel able – or get our help with your application.

Making decisions on behalf of a vulnerable loved one often involves multiple family members. Family disagreements can be difficult to resolve because emotions run high and family members often take sides against one another. Our specialist Court of Protection disputes solicitors can help families and their vulnerable loved ones resolve a variety of problems. If we can’t help you resolve the dispute yourself, then we can help you make an application to the Court of Protection.

The Court most commonly handles:

Disputes about whether or not a vulnerable person has the mental capacity to make decisions and manage their own affairs
Disagreements between family members about who should make decisions on behalf of their vulnerable loved one
Disputes about what type of decisions should be made on a vulnerable person’s behalf
Challenges to a deputyship application (when one person makes an application to appoint a deputy for a vulnerable person and another person challenges this)
Disagreements between deputies over the way a vulnerable person’s affairs are being managed
Disputes concerning whether a vulnerable person’s liberties should be restricted for their own good.

You might find our factsheets and template letters useful as a first port of call.

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Our team are here to ensure people receive the care, respect, and advocacy they deserve.

Yogi Amin

Partner and National Head of Public Law and Human Rights

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Meet Our Experts

Yogi Amin

Partner and National Head of Public Law and Human Rights

Find out more

Frequently Asked Questions

How long does it take to go through the Court of Protection?

Can you apply to the Court of Protection without a solicitor?

What decisions can be made through the Court of Protection?

Emergency Court of Protection applications

We can help you make emergency applications to the Court. This would apply if you’re:

Responsible for managing someone else’s financial, health, and/or welfare decisions
Concerned about someone else’s ability to manage yours or a vulnerable person’s financial, health, and/or welfare decisions
Worried about your own ability to manage your financial, health, and/or welfare decisions
Uncertain about what social care, residence or medical treatment is in a person’s best interests

What is the Court of Protection?

The Court of Protection makes financial and welfare decisions on behalf of people who can’t make these decisions for themselves. It can also appoint people to look after their best interests, like deputies or trustees. Its purpose is to stop people being exploited, abused, or denied their rights.

The Court can resolve minor disputes itself. But for more complex cases, solicitors may need to get involved on both sides.

If you’re having a major disagreement around these decisions with other family members, you can apply to the Court of Protection, with us as your representatives.

Our commitment to you

Our experts always start by listening, so we understand what matters most from day one.

01
Clear legal guidance
You will always get straightforward, honest advice, with regular updates to keep you clear on the way forward.
02
Specialist knowledge
A wide-ranging team of trusted specialists who understand what it takes to protect your future, your family or your business.
03
Your needs first
Whether you’re navigating complex personal situations or business decisions, we take the time to understand your world and what’s at stake.