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Contested Court of Protection / Dispute Powers of Attorney

Where a LPA has been granted it is not uncommon for disputes to arise.  Such disputes could be due to concerns regarding the validity of a LPA, as it may be possible that the Donor (i.e. the person who granted the LPA and in whose interests the attorney(s) must act) did not have the necessary capacity to grant the LPA or their may be concerns that the LPA has been forged.

Alternatively, even if the LPA is valid, there may be concerns that the Attorney is not acting in the best interests of the Donor.  For example, it may be that the Attorney is using the Donor’s assets for their own personal gain.  Alternatively it may be that the Attorney has failed to act effectively in the performance of their duties to act in the best interests of the Donor and deal with their investments effectively.

If a person loses capacity before an LPA has been granted, it may be necessary for a person to apply to the Court of Protection for Deputyship on their behalf in order to manage their affairs.  Disputes can arise in this context also. 

For example, it maybe that there are concerns regarding the applicant’s suitability to act as Deputy.  These concerns may arise from a conflict of interest, evidence that the Applicant has financially abused the applicant, or a dispute between family members which would compromise the applicant’s ability to act in the best interests of the protected party.

Our Dispute Resolution team has extensive experience of dealing with disputes of this nature. We appreciate that such situations are likely to be emotionally challenging and we aim to provide the necessary support and sensitivity required.  

We adapt our approach in each case to meet the client’s aims and to reflect the specific circumstances of the case.  We are skilled in using litigation and all forms of Alternative Dispute Resolution (including mediation, arbitration and adjudication) to resolve claims.

Success Stories

Challenging brother’s application for sole deputyship

We acted on behalf of a client in challenging her brother’s application for sole deputyship in relation to their mother’s financial affairs, where there were reasonably held concerns regarding the brother’s suitability to undertake this role.  We performed a detailed investigation of the historical management of the mother’s financial affairs and improper transactions in order to support this challenge.

Defending allegations of breach of duties

We represented a client in successfully defending allegations of breach of his duties under a lasting power of attorney.  In order to succeed in defending the claim in its entirety, we were required to carry out a thorough analysis of financial evidence to substantiate legitimate expenditure on behalf of the donor.

Sibling seeking to register in respect of their mother

We represented a client in challenging a lasting power of attorney, which her sibling was seeking to register in respect of their mother.  The power of attorney was suspected to be a forgery and was also purported to be granted in close proximity to the mother being diagnosed as lacking the capacity to deal with her own affairs.  Following the commencement of court proceedings, we were successful in negotiating a resolution, which provided for the parties to apply for joint deputyship.

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Rob  Stubbs
Rob Stubbs
Head of Dispute Resolution
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