Court of Protection
Contested Deputyships
Disagreements about who makes decisions — or how a Deputy is behaving — can arise at any stage. We provide specialist legal advice to protect the interests of the individual and guide families through what can be a difficult and unpredictable process.
When disputes arise
The Court of Protection process often begins at an already difficult time — when families are coming to terms with a loved one losing capacity. It’s not uncommon for disagreements to emerge about who should make decisions, what those decisions should be, or how a Deputy is managing someone’s affairs.
Disputed applications
Family members or other interested parties may disagree about who should be appointed as Deputy, or challenge an existing application.
Concerns about a Deputy's conduct
If a Deputy’s management of someone’s property, finances, or welfare falls below the required standard, this can be challenged through the Court.
How disputes are resolved
The Court of Protection always acts in the best interests of the individual.
Most disputes can be resolved without a formal hearing — through careful discussions and mediation between all parties. Where that isn’t possible, the Court can list the matter for a hearing before a Judge, who will consider all sides and make a binding decision.
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Mediation and discussion
Most disputes are resolved through facilitated discussions between parties, avoiding the need for a formal hearing.
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Court hearing
Where agreement can’t be reached, the Court lists the matter for a hearing. A Judge considers all sides and makes a decision.
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Removal and replacement of a Deputy
If a Deputy’s conduct falls below required standards, the Court can remove them and appoint an independent Panel Deputy to act impartially in the individual’s best interests.
Early legal advice is essential.
Court of Protection disputes can become complicated and unpredictable. Understanding your options from the outset — before positions become entrenched — gives the best chance of a swift resolution focused on the individual’s wellbeing.
How Rothley Law can help
Our specialist Court of Protection team has experience across all types of disputes — from contested applications to Deputy removal proceedings. We provide clear, bespoke advice from the outset, and guide you through every stage of the process with the individual’s best interests always at the fore.
If you have concerns about a Deputyship — whether an application or an existing Deputy's conduct — speak to our team as early as possible.
Frequently Asked Questions
What can I do if I disagree with who has been appointed as Deputy?
If you have concerns about a Deputyship appointment — whether it is being applied for or has already been granted — you can raise these with the Court of Protection. The Court will always act in the best interests of the individual. In many cases, disputes can be resolved through mediation, but where necessary the Court can hold a formal hearing.
Can a Deputy be removed?
Yes. The Court of Protection has the power to remove a Deputy if their conduct falls below the required standard — for example, if they are not acting in the person’s best interests, mismanaging their finances, or failing to meet their reporting obligations. The Court can appoint an independent Panel Deputy in their place.
What is a Panel Deputy?
A Panel Deputy is an independent professional from the Court of Protection’s approved panel, appointed to act in cases where an existing Deputy has been removed or where no suitable person is available. Their role is to manage the individual’s affairs impartially and in their best interests.
A Panel Deputy is an independent professional from the Court of Protection’s approved panel, appointed to act in cases where an existing Deputy has been removed or where no suitable person is available. Their role is to manage the individual’s affairs impartially and in their best interests.
How do I report concerns about a Deputy's conduct?
Concerns about a Deputy’s conduct can be reported to the Office of the Public Guardian, which supervises all Deputies and Attorneys. In serious cases, the matter may be referred to the Court of Protection. Legal advice is recommended before raising a formal complaint, as the process can be complex.
Can Court of Protection disputes be resolved without going to a hearing?
In many cases, yes. The Court encourages mediation and negotiation between parties where possible, and most disagreements are resolved without a formal hearing. However, where agreement cannot be reached, the Court will list the matter before a Judge who will make a binding decision.
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Contentious Probate
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