Disputed Applications and Contentious Proceedings

As part of the process of making an application to the Court of Protection, applicants are required to notify relevant people as to the proposed application. In the context of property and financial affairs deputyship applications, the notification takes place prior to submitting the application. In most other applications, the Court orders that parties are notified once the application has been issued.

Notification takes place by way of form COP15 (or COP15PADep in the context of property and financial affairs deputyships). The form is served on close family members and friends in accordance with the order of priority prescribed by the Court. The Court may also order that applications regarding personal welfare are served on additional parties, including the local authority, the individual who lacks capacity’s GP, and their care home manager for example. The notification form is served alongside form COP5, which allows the parties served to object to the proposed application to the Court, and request that they are added as a party to the proceedings.

If applications are contested, the Court will likely list a hearing in order to consider the objections and proposals of all parties. The Official Solicitor may be appointed to represent the person who lacks capacity.

There are also other circumstances in which the Court of Protection may become involved in contentious proceedings. For example, if a Court appointed deputy, or an attorney appointed under a lasting power of attorney, fails to act in the best interests of the individual who lacks capacity, or if there are allegations of financial mismanagement. In addition, there may be contentious proceedings in the Court of Protection if there are challenges to the validity of a lasting power of attorney. It is also possible that disappointed beneficiaries of a statutory will application wish to object to the proposed testamentary planning.

If you wish to object to an application in the Court of Protection, or have concerns about a deputy/attorney, please contact a member of our specialist Court of Protection Team.