Court of Protection Disputes

Protecting your loved one’s rights when they can’t make decisions themselves

When disagreements arise about care, finances, medical treatment or decisions for someone who lacks mental capacity, it can feel overwhelming. Our specialist Court of Protection solicitors are here to guide you through the process with clarity, compassion and expertise — helping you resolve disputes quickly and ensure your loved one’s best interests are protected.

What is the Court of Protection?

The Court of Protection is a specialist court in England and Wales that makes decisions on behalf of people who lack mental capacity to make certain decisions themselves. This might be due to dementia, a brain injury, learning disability or mental illness.

The court can:

Decide whether a person has capacity to make a specific decision.
Resolve disputes about health, welfare, or finances.
Appoint or remove attorneys or deputies.
Rule on best interests when families, professionals, or authorities cannot agree.

At MSB, we support families, attorneys, deputies, and professionals in navigating these sensitive and complex cases.

When Disputes Arise

Court of Protection disputes often happen when people disagree about what is best for a vulnerable person (referred to as “P”). These disagreements can be deeply emotional and involve significant legal considerations.

We can help you resolve disputes relating to:

Health & Welfare

Where someone should live (at home, in residential care, or supported living).
Medical treatment decisions and consent.
Contact with family members or friends.
Day-to-day care arrangements.

Property & Financial Affairs

Concerns about how someone’s money is being managed.
Misuse of funds or financial abuse.
Disputes over property sales, gifts, or investments.
Applications to remove or replace a deputy or attorney.
Applications to prepare a statutory will.

Capacity Disputes

Disagreements about whether someone has capacity to make a specific decision.
Conflicting assessments by professionals or family members.

Attorney & Deputy Issues

Objections to the appointment of an attorney or deputy.
Applications to revoke or vary powers.
Concerns about decisions made under a power of attorney.

Best Interests Decisions

When there’s agreement that capacity is lacking, but not about what should happen next.
Disputes over care, lifestyle, or how funds should be used.

"A family dispute arose and I was in need of good representation. A truly sad case which was dealt with both efficiently and with empathy. Caroline Chamberlain helped me to resolve the matter amicably and I can highly recommend her services."

Why Choose MSB Solicitors?

Specialist Expertise – Our solicitors have extensive experience in Court of Protection work, representing families, local authorities, and healthcare professionals.

Compassionate Support – We understand how stressful these disputes can be and offer clear, sensitive guidance at every stage.

Strong Advocacy – Whether resolving matters through negotiation or representing you in court, we fight to achieve the right outcome.

Accredited and Trusted – Recommended by Legal 500 and Chambers & Partners for our specialist legal expertise.

Our Process: How We Work With You

Initial Consultation – We listen carefully to your concerns and assess the legal position.
Strategic Advice – We explain your options clearly and build a tailored plan of action.
Resolution & Representation – We aim to resolve disputes through negotiation or mediation. If necessary, we represent you robustly in the Court of Protection.

FAQs'

What is a Court of Protection dispute?

It’s a disagreement about decisions made — or that need to be made — on behalf of someone who lacks capacity. Disputes can involve health and welfare, finances, capacity assessments, or how attorneys and deputies are acting.