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.