Court of protection
Court of protection disputes
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.
All you need to know about court of protection issues
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What is a court of protection dispute?
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
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