Court of Protection documents

Access and collateral use

Mark Baxter

It is common in proceedings in the Court of Protection - at least in those concerned with property and affairs - for the issues covered in the evidence to arise also in separate, subsequent litigation, both during P's lifetime and after their death. In particular, Court of Protection applications for statutory wills, lifetime gifts, and the appointment and removal of attorneys and deputies are likely to involve consideration of P's dispositive and testamentary wishes, family relationships and dynamics, capacity, and susceptibility to influence. Such matters would be relevant again in claims to set aside lifetime transactions entered into by P (brought by P or on their behalf while alive, or their estate once dead), contentious probate claims, and Inheritance (Provision for Family and Dependants) Act 1975 claims.