Court of Protection disputes
Court of Protection Disputes for Challenges, Problems & Disagreement Resolution
When a friend or loved one loses the ability to manage their affairs, it can be an emotional and overwhelming time for those closest to them. Disputes may arise between family members, attorneys, or professionals over what is truly in the person’s best interests. These disagreements, whether about finances, welfare, or legal authority, can quickly become complicated and distressing without the right legal guidance.
At Lupton Fawcett, our Court of Protection Dispute Solicitors provide clear, expert legal advice to help you resolve disagreements involving vulnerable individuals who lack capacity. With experienced lawyers based in Leeds, Sheffield, and York, and acting for clients across Yorkshire and throughout England and Wales, we are trusted to handle the most sensitive and complicated Court of Protection matters.
Whether you are seeking to challenge a deputy’s actions, dispute a statutory will, or need advice on contesting capacity, our team, including specialists Kate Saunders and Sam Hirst, offers calm, strategic support to help you protect your loved one’s interests. We understand the emotional burden these cases can place on families, friends or deputies, and will work with you sensitively to achieve the right outcome, whether through negotiation and mediation or, where necessary, robust representation in court. Call us today on 0113 280 2283 or complete the enquiry form below to speak directly with a solicitor about your concerns.
What is a Court of Protection Dispute?
A Court of Protection dispute arises when there is a disagreement about decisions made, or proposed to be made, on behalf of someone who lacks mental capacity. These disputes often involve serious concerns about who should have the legal authority to act for a vulnerable person, how decisions are being made, or whether those decisions are truly in that person’s best interests.
The Court of Protection exists to protect individuals who cannot make certain decisions for themselves due to a condition such as dementia, a brain injury, learning disability, or severe mental illness. It has the power to decide on issues relating to property and financial affairs, health and welfare, and to resolve disputes about capacity, deputyship, or the actions of attorneys appointed under a Lasting Power of Attorney (LPA).
Disputes can arise in relation to a vulnerable person’s finances, and arguments can easily occur as to what is in the best interests for a family member or loved one who has lost capacity.
Our team can assist with making or defending an application made to the Court of Protection in respect of a vulnerable person’s property and affairs.
We can provide specialist advice on a wide range of Court of Protection matters including:
If you’re dealing with a dispute over a vulnerable person’s finances, our team can help. We advise on contested Court of Protection matters including concerns over attorneys or deputies, loss of capacity, and misuse of assets.
The Court of Protection dispute resolution process
At Lupton Fawcett, we approach Court of Protection disputes with a clear focus on protecting vulnerable individuals while helping those concerned resolve conflicts in a constructive and efficient way. Each case is unique, but we follow a structured process to ensure that clients are fully supported at every stage. In most cases where there is not a deputy or attorney acting, the Court of Protection will need to approve any decisions relating to a vulnerable person’s property and affairs.
We begin by listening carefully to your concerns and examining the background of the dispute. We assess whether the person involved lacks capacity and what legal authority is in place, such as a Lasting Power of Attorney or Deputyship Order. From the outset, we provide realistic advice on your legal position and what options are available to resolve the matter.
Where possible, we encourage early resolution. This may involve liaising with other family members, attorneys, deputies and where possible the person the dispute relates to by engaging in negotiations early or attending a formal mediation to avoid the need for court proceedings. Many disputes can be resolved through careful negotiation, especially where all parties remain focused on the person’s welfare.
We can prepare and submit a formal application to the Court of Protection or respond to an application you have been made aware of but want to challenge. This could relate to removing a deputy, challenging capacity, approving a statutory will, or addressing financial concerns such as inappropriate gifts or suspected mismanagement.
We gather and present detailed evidence to support your case, including medical reports, financial records, and witness statements. We represent clients at every stage, providing clear guidance on court directions and timetables.
Once a decision is made by the Court, we assist with ensuring it is carried out correctly and in line with legal requirements. If necessary, we also advise on appeals, ongoing supervision by the Court, and future applications. Throughout the process, our team will keep you informed, explain each step in plain English, and ensure your concerns are addressed. Whether through negotiation or formal litigation, we work with determination and care to achieve the best possible outcome for your loved one.
Why Choose Lupton Fawcett?
Our team is led by experienced Court of Protection Dispute Solicitors; Kate Saunders and Sam Hirst,. Sam & Kate are specialist solicitors with extensive experience of handling estate disputes where vulnerable people are concerned.. Kate is a Senior Associate with over a decade of experience in contested private client work and a member of the Association of Contentious Trust and Probate Solicitors (ACTAPS), reflecting her specialist standing. Sam is known for his pragmatic advice and effective representation in emotionally complex cases.
We are trusted across Yorkshire and nationally to advise on deputyship disputes, capacity challenges, and contested statutory wills. With a strong record in both resolving matters out of court and representing clients in complex hearings, we bring the technical knowledge and professional credibility needed to protect your interests.
“Sam (Hirst) represented me and my family in connection with some issues with my late fathers estate. We found Sam to be a good listener and could rely on her to come up with solutions to resolve the issues we faced, she was professional and reassuring at all times. Sam made a very hard time much easier to deal with and I would recommend her to anyone in a similar situation.”
“From my very first contact with Kate she was personable, warm and reassuring whilst being completely professional. She was a very safe pair of hands in extremely choppy waters. The experience was profoundly challenging and I needed the knowledgeable support from Kate which I received unfalteringly always with empathy and humanity. I highly recommend her.”
“I strongly recommend and can provide references to anyone thinking of hiring Sam (Hirst) to help navigate a probate / family dispute. She is calm, expert and always on point. She is a complete star of a solicitor and I cannot recommend her more highly. Very satisfied clients”
“I have known Kate Saunders who worked with IDR Law, for 5 years after my late husband passed away. Even though she is now with Lupton Fawcett, I followed her to her new company. She is not just a lawyer, she educated me about litigation law and really made sure she understood my difficult situation. Kate is very helpful and has a kind heart. Kate has a very high level of expertise and lots of experience. So wherever Kate is, I will always follow her.”
“I highly recommend Sam (Hirst) for conduct of family inheritance / property disputes. We would have been lost without her calm and wise manner. It is obvious from the get go that she is used to dealing with contested matters between relatives. Sam’s expertise and practical approach was both reassuring and effective to achieve the resolution that was in the best interests of everyone. She was also 100% accurate with her costs estimate! Very happy client, thank you Sam!”
“Kate is efficient, pragmatic and sensitive to the needs of her clients and the idiosyncrasies of opponents. It is the perfect combination for contentious trusts and probate work. She is exceedingly warm and friendly. This not only makes her easy to work with in a team, but frequently disarms opponents and leads to achieving great results for her clients.”
“Sam (Hirst) is one of the best probate dispute lawyers I have ever come across. Sam’s ability to calmly stride through complex legal and family issues – is a rare talent. She is also responsive, caring and cost aware at all time. A superb mix and I was very lucky to find her for my client.”
“I can confidently recommend Kate Saunders for dealing with litigation in trust disputes. She assisted me in my claim against a fellow trustee for not co-operating in administering the Trust. Kate’s expertise enabled an efficient conclusion with the Court. Kate has a sharp mind and was able to clearly establish the lagal principles and advise on the best course of action to obtain the outcome I needed.”
Frequently Asked Questions about Court of Protection Disputes
Anyone with genuine concerns, such as family members, attorneys, carers, professionals, or the Office of the Public Guardian, can raise objections to how a deputy or attorney is handling affairs.
Yes. If there is evidence of misconduct, mismanagement, or failure to act in the best interests of the vulnerable person, you can apply to the Court of Protection for their removal or replacement.
Some disputes resolved through mediation may conclude within a few months. Contested court proceedings typically take longer, sometimes up to a year or more depending on complexity and court scheduling.
Applicants usually face court application fees (around £400-£500 per application presently (during 2025/2026 subject the Court’s annual fee reviews). Legal fees depend on complexity and how long the claim takes to conclude. Deputies may also need to pay supervision fees and insurance bonds.
The Court steps in if the person lacks capacity and there is no valid Power of Attorney, or if there is dispute over capacity, appointments, statutory wills or financial decisions.
A deputy may be appointed to make ongoing decisions concerning finances and/or welfare. They must be over 18, not bankrupt, and usually a close relative, friend, professional solicitor, trust corporation, or local authority.
You can have a sole deputy, joint deputies (who must decide together), or joint and several deputies (either can act independently). Typically, up to four deputies may be appointed, though larger numbers are discouraged due to practicalities.
Yes. If new evidence emerges, a procedural error occurred, or circumstances have changed significantly, you can apply to reconsider a decision within 21 days of the date of the decision you wish to appeal against.
Most disputes involve at least one case directions hearing. Only fully contested hearings require witness testimony or cross-examination. We guide you clearly on what to expect at each stage.
Contact our Court of Protection Dispute Solicitors
If you are facing a dispute involving a vulnerable person’s finances, welfare, or legal representation, early advice from a specialist solicitor can make a vital difference. At Lupton Fawcett, our experienced Court of Protection Dispute Solicitors are here to support you with clear, expert guidance tailored to your circumstances.
We are based in Leeds, Sheffield, and York, and regularly act for clients across Yorkshire. Our reputation makes us the leading Court of Protection Dispute Solicitors in Bradford, Doncaster and Hull.
We also represent clients nationally. Whether you are a family member, an attorney, or a concerned professional, we offer dedicated advice throughout England and Wales. Our team has a strong record of resolving disputes in Manchester, Birmingham, Nottingham and London. To arrange a confidential consultation, call 0113 280 2283, email us, or complete the enquiry form below. We will respond promptly and are here to help.
“Lupton Fawcett go to great lengths to explain the legal framework surrounding the issue in question, including the pitfalls, and then work with you to agree a strategy to achieve a satisfactory outcome.”
The Legal 500