Even though those with a deputyship or power of attorney have responsibility for managing a donor’s affairs, they are still ultimately answerable to the Court of Protection for any decisions they make.
When someone no longer has the mental capacity to look after their own affairs, these may be managed by an attorney, who was chosen by the donor while they still had mental capacity. Alternatively, their affairs may be managed by a deputy, who sought this appointment from the Court of Protection independently of the donor.
Both attorneys and deputies are legally required to act in the best interests of the donor at all times. This means that, on rare occasions, disputes arise that will have to be settled in front of the court of protection.
These disputes can include:
Disputes over the donor’s mental capacity
Disputes over an appointment
Cancelling a power of attorney or deputyship
Challenging gifts made by an attorney or deputy
Challenging a statutory will
To speak to a legal expert about a Court of Protection dispute, call 0330 041 5869 or contact us now and we will call you.