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Contested Court of Protection Hearings

Linder Myers has a dedicated team with experience of dealing with disputes which can lead to hearings at the Court of Protection.

This may arise if you:

  • Are not happy with the proposed Deputy for a loved one
  • Are aware that a Deputy is already acting but you have doubts as to the actions they are taking or that they are not acting in the person’s best interests
  • Are a Deputy and you are being challenged by other family members

Our approach to these contested matters is to try to ensure that you need not attend any hearing at Court. We aim for any dispute to be settled either by consent or by a Judge looking at the written evidence only. We find that this is a better way of dealing with disputes for everyone concerned. However, there will be instances where a person is behaving so unreasonably that there is no option but to attend a contested hearing.

How can Linder Myers help?

It is important that you seek legal advice before objecting. The general rule as to costs in these situations is that the objector’s costs will be paid from the estate of the person who lacks capacity. However, you are only protected as to your costs position if you act reasonably at all times.

If you do decide to object to the appointment of or the actions of a Deputy, you will need to comply with the formalities of the Court of Protection in lodging your application. Without the correct legal advice and a properly drafted witness statement many people can fall foul of these rules and they will not be successful.

At Linder Myers, we will always guide you to act in a firm yet reasonable way to ensure that your position in relation to costs is protected; as there is always a risk of entering into litigation and not only having to pay your own legal costs but also the other side’s costs too.

For friendly advice and guidance, contact our Court of Protection team on 0800 042 0700 or email enquiries@lindermyers.co.uk

Meet the Court of Protection team
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