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Court of Protection disputes for challenges, problems & disagreement resolution

When a friend or loved one loses the ability to manage their affairs, it can be an emotional and overwhelming time for those closest to them. Disputes may arise between family members, attorneys, or professionals over what is truly in the person’s best interests.

These disagreements, whether about finances, welfare, or legal authority, can quickly become complicated and distressing without the right legal guidance.

At Flint Bishop, our Court of Protection Dispute Solicitors provide clear, expert legal advice to help you resolve disagreements involving vulnerable individuals who lack capacity. With experienced lawyers based in Derby, Leeds, Sheffield, and York, and acting for clients across Derbyhsire, Yorkshire and throughout England and Wales, we are trusted to handle the most sensitive and complicated Court of Protection matters.

 

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How can we help? Contact us today to discuss your requirements.

Want to speak to us now? Call us on 0330 123 9501.

 

Court of protection disputes

Sensitive support for disputes over capacity and deputyship

Whether you are seeking to challenge a deputy’s actions, dispute a statutory will, or need advice on contesting capacity, our team offers calm, strategic support to help you protect your loved one’s interests.

We understand the emotional burden these cases can place on families, friends or deputies, and will work with you sensitively to achieve the right outcome, whether through negotiation and mediation or, where necessary, robust representation in court.

Call us today on 0330 123 9501 or complete the enquiry form on this page to speak directly with a solicitor about your concerns.

 

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Court of protection disputes

What is a Court of Protection dispute?

A Court of Protection dispute arises when there is a disagreement about decisions made, or proposed to be made, on behalf of someone who lacks mental capacity. These disputes often involve serious concerns about who should have the legal authority to act for a vulnerable person, how decisions are being made, or whether those decisions are truly in that person’s best interests.

The Court of Protection exists to protect individuals who cannot make certain decisions for themselves due to a condition such as dementia, a brain injury, learning disability, or severe mental illness. It has the power to decide on issues relating to property and financial affairs, health and welfare, and to resolve disputes about capacity, deputyship, or the actions of attorneys appointed under a Lasting Power of Attorney (LPA).

Types of COP disputes

Disputes can arise in relation to a vulnerable person’s finances, and arguments can easily occur as to what is in the best interests for a family member or loved one who has lost capacity.

Our team can assist with making or defending an application made to the Court of Protection in respect of a vulnerable person’s property and affairs.

We can provide specialist advice on a wide range of Court of Protection matters including:

  • Applications to remove deputies and LPA attorneys
  • Disputed deputyship applications
  • Applications to challenge whether the vulnerable person has lost capacity
  • Challenges to the actions/ conduct of an attorney or deputy
  • Misappropriation of the vulnerable person’s assets or inappropriate gifting of assets
  • Representation when a vulnerable person does not have capacity to make a will (known as a statutory will application)
  • Statutory Will disputes

If you’re dealing with a dispute over a vulnerable person’s finances, our team can help. We advise on contested Court of Protection matters including concerns over attorneys or deputies, loss of capacity, and misuse of assets.

 

Court of protection disputes

The Court of Protection dispute resolution process

At Flint Bishop, we approach Court of Protection disputes with a clear focus on protecting vulnerable individuals while helping those concerned resolve conflicts in a constructive and efficient way.

Each case is unique, but we follow a structured process to ensure that clients are fully supported at every stage. In most cases where there is not a deputy or attorney acting, the Court of Protection will need to approve any decisions relating to a vulnerable person’s property and affairs.

1
Step One

Initial Advice and Case Review

We begin by listening carefully to your concerns and examining the background of the dispute. We assess whether the person involved lacks capacity and what legal authority is in place, such as a Lasting Power of Attorney or Deputyship Order. From the outset, we provide realistic advice on your legal position and what options are available to resolve the matter.
2
Step Two

Informal Resolution and Mediation

Where possible, we encourage early resolution. This may involve liaising with other family members, attorneys, deputies and where possible the person the dispute relates to by engaging in negotiations early or attending a formal mediation to avoid the need for court proceedings. Many disputes can be resolved through careful negotiation, especially where all parties remain focused on the person’s welfare.
3
Step Three

Making or Responding to a Court Application

We can prepare and submit a formal application to the Court of Protection or respond to an application you have been made aware of but want to challenge. This could relate to removing a deputy, challenging capacity, approving a statutory will, or addressing financial concerns such as inappropriate gifts or suspected mismanagement.
4
Step Four

Evidence and Hearings

We gather and present detailed evidence to support your case, including medical reports, financial records, and witness statements. We represent clients at every stage, providing clear guidance on court directions and timetables.
5
Step Five

Outcome and Implementation

Once a decision is made by the Court, we assist with ensuring it is carried out correctly and in line with legal requirements. If necessary, we also advise on appeals, ongoing supervision by the Court, and future applications. Throughout the process, our team will keep you informed, explain each step in plain English, and ensure your concerns are addressed. Whether through negotiation or formal litigation, we work with determination and care to achieve the best possible outcome for your loved one.

Court of protection disputes

Why choose Flint Bishop?

Our team of Court of Protection dispute solicitors have extensive experience in handling estate disputes involving vulnerable people.

Several of our solicitors are accredited members of the Association of Contentious Trust and Probate Solicitors (ACTAPS) reflecting their specialist expertise.

We are trusted nationally to advise on deputyship disputes, capacity challenges, and contested statutory wills. With a strong track record in resolving matters out of court as well as representing clients in complex hearings, we offer the technical knowledge and professional credibility needed to protect your interests.

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Frequently Asked Questions

Your questions answered on Court of Protection disputes

Who can challenge the actions of a deputy or attorney?

Anyone with genuine concerns, such as family members, attorneys, carers, professionals, or the Office of the Public Guardian, can raise objections to how a deputy or attorney is handling affairs.

Can I remove a deputy or attorney if I think they are acting improperly?

Yes. If there is evidence of misconduct, mismanagement, or failure to act in the best interests of the vulnerable person, you can apply to the Court of Protection for their removal or replacement.

How long does a Court of Protection dispute take?

Some disputes resolved through mediation may conclude within a few months. Contested court proceedings typically take longer, sometimes up to a year or more depending on complexity and court scheduling.

What costs are involved in a Court of Protection dispute?

Applicants usually face court application fees (around £400-£500 per application presently (during 2025/2026 subject the Court’s annual fee reviews). Legal fees depend on complexity and how long the claim takes to conclude. Deputies may also need to pay supervision fees and insurance bonds.

When does the Court of Protection become involved?

The Court steps in if the person lacks capacity and there is no valid Power of Attorney, or if there is dispute over capacity, appointments, statutory wills or financial decisions.

What is the role of a Court of Protection deputy and who can be appointed?

A deputy may be appointed to make ongoing decisions concerning finances and/or welfare. They must be over 18, not bankrupt, and usually a close relative, friend, professional solicitor, trust corporation, or local authority.

How many Court of Protection deputies can there be?

You can have a sole deputy, joint deputies (who must decide together), or joint and several deputies (either can act independently). Typically, up to four deputies may be appointed, though larger numbers are discouraged due to practicalities.

Can a Court of Protection order be challenged or reconsidered?

Yes. If new evidence emerges, a procedural error occurred, or circumstances have changed significantly, you can apply to reconsider a decision within 21 days of the date of the decision you wish to appeal against.

Will I have to go to court for a Court of Protection dispute?

Most disputes involve at least one case directions hearing. Only fully contested hearings require witness testimony or cross-examination. We guide you clearly on what to expect at each stage.

Services

We can also help you with

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Financial abuse claims
Funeral, burial, headstone & ashes disputes
Inheritance Act claims
Probate disputes
Trust disputes
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Contact Us

Contact our Court of Protection dispute solicitors

If you are facing a dispute involving a vulnerable person’s finances, welfare, or legal representation, early advice from a specialist solicitor can make a vital difference. At Flint Bishop, our experienced Court of Protection Dispute Solicitors are here to support you with clear, expert guidance tailored to your circumstances.

We are the leading choice for Court of Protection Dispute Lawyers in Birmingham, Sheffield, York, Derby, Swansea and Leeds, and we regularly act for clients across England and Wales. Our reputation makes us the leading Court of Protection Dispute Solicitors in Bradford, Doncaster and Hull.

We also represent clients nationally. Whether you are a family member, an attorney, or a concerned professional, we offer dedicated advice. Our team has a strong record of resolving disputes in Manchester, Birmingham, Nottingham and London. To arrange a confidential consultation, call 0330 123 9501, or complete the enquiry form below. We will respond promptly and are here to help.

 

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