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Capacity Disputes and Contentious Court of Protection Work

Issues concerning a person’s mental capacity and potential vulnerability are often complex and contentious. We are experts in all aspects of Court of Protection services.

David Chandra

Partner – Solicitor

Wills, Trusts and Probate

Dispute Resolution Specialists

Highly Experienced Team

Negotiating For You

When there are concerns about a person’s mental capacity—or disagreement over how decisions about their finances, property or welfare should be made—disputes can escalate quickly. These cases often involve complex family dynamics, allegations of misconduct, and urgent decisions about safeguarding a vulnerable individual.

The common disputes which we see often relate to:

  • Whether a person has, or has lost mental capacity to make specific decisions
  • The validity of Lasting Powers of Attorney
  • The conduct of an attorney or deputy
  • Who should be appointed (or removed) as deputy
  • Whether decisions being made on behalf of an individual are in their best interests
  • Access to finances, care arrangements or residence decisions

These disputes may involve allegations of:

  • Financial abuse
  • Undue influence
  • Conflicts of interest and/or
  • Failure to act in a person’s best interests

Issues can either be resolved informally, through safeguarding bodies or through the Court of Protection.

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Whether you’ve got questions or you’re ready to get started, our team are ready with expert legal advice.
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Our Contentious Court of Protection Services

We act in a wide range of contentious matters, including:

Challenges to Powers of Attorney

We assist where there are concerns that an LPA is invalid or is being misused. We can apply to the Court to suspend or revoke an attorney’s authority.

Deputyship Disputes

We assist where there is a dispute over who should act as deputy or concerns that an existing deputy is not managing their duties. Our team acts for deputies defending claims, and for family members seeking to challenge an appointment.

Best Interests Disputes

Families do not always agree on what is right for their loved one. Typical disputes include:

  • Where the person should live
  • Their care package or medical decisions
  • Who should have contact with them and/or
  • Control of finances and investments

We guide clients through best interests proceedings, including urgent and emergency applications.

Statutory Wills

We advise on and challenge:

  • Applications for statutory wills
  • Objections to the proposed terms and/or
  • Concerns about whether the proposed Will reflects the person’s true wishes and values

Safeguarding and Financial Abuse Claims

Our team acts quickly where there are signs that a vulnerable person is at risk, including:

  • Unexplained withdrawals or transactions
  • Sudden changes in financial behaviour
  • Pressure to make gifts and/or
  • Concerns about isolation or control

We can seek immediate interim orders where necessary.

Contact Us

If you need expert advice on a capacity dispute or contentious Court of Protection matter, our team is here to help. Call us on 020 8290 0333 or email [email protected].

Our experts

Meet the team

We were delighted when Mr David Chandra took the time to explain fully, each section of the wills – it gave us peace of mind

Judge & Priestley Property Litigation team has ‘real talent and ability’: the ‘calm, unflappable’ Mark Oakley ‘inspires confidence’ and is ‘excellent on leasehold issues’

I highly recommend Judge and Priestley LLP to anyone seeking reliable, professional legal services.

The team at Judge & Priestley LLP work effortlessly to ensure high standards are met and upheld across the firm. They ensure smooth and efficient coordination between case handlers to facilitate the best outcomes for each client.

They are a diverse group. Their diversity relates to the languages spoken, culture and religion followed, experience and expertise. They assist one another in bringing understanding to a wide range of individual client needs.

David Chandra

David Chandra

Partner – Solicitor

Learn more about David Chandra
Mark Oakley

Mark Oakley

Partner – Solicitor

Learn more about Mark Oakley
Chris Elliott

Chris Elliott

Partner – Solicitor

Learn more about Chris Elliott
Jennifer Alderman

Jennifer Alderman

Partner – Solicitor

Learn more about Jennifer Alderman

Get In Touch

Whether you’ve got questions or you’re ready to get started, our team are ready with expert legal advice.

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Whether you've got questions or you're ready to get started, our team are ready with expert legal advice.

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