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.