Contested Court of Protection / Dispute Powers of Attorney
Rising life expectancies and higher incidences of Dementia and Alzheimer’s Disease have resulted in the use of Lasting Powers of Attorney (“LPA”) being more prolific
Contested Court of Protection / Dispute Powers of Attorney in Chesterfield, Sheffield, Dronfield and Mansfield
We can help you with your dispute
Where a LPA has been granted it is not uncommon for disputes to arise. Such disputes could be due to concerns regarding the validity of a LPA, as it may be possible that the Donor (i.e. the person who granted the LPA and in whose interests the attorney(s) must act) did not have the necessary capacity to grant the LPA or their may be concerns that the LPA has been forged.
Alternatively, even if the LPA is valid, there may be concerns that the Attorney is not acting in the best interests of the Donor. For example, it may be that the Attorney is using the Donor’s assets for their own personal gain. Alternatively it may be that the Attorney has failed to act effectively in the performance of their duties to act in the best interests of the Donor and deal with their investments effectively.
If a person loses capacity before an LPA has been granted, it may be necessary for a person to apply to the Court of Protection for Deputyship on their behalf in order to manage their affairs. Disputes can arise in this context also.
For example, it maybe that there are concerns regarding the applicant’s suitability to act as Deputy. These concerns may arise from a conflict of interest, evidence that the Applicant has financially abused the applicant, or a dispute between family members which would compromise the applicant’s ability to act in the best interests of the protected party.
Our Dispute Resolution team has extensive experience of dealing with disputes of this nature. We appreciate that such situations are likely to be emotionally challenging and we aim to provide the necessary support and sensitivity required.
We adapt our approach in each case to meet the client’s aims and to reflect the specific circumstances of the case. We are skilled in using litigation and all forms of Alternative Dispute Resolution (including mediation, arbitration and adjudication) to resolve claims.
Success Stories
Defending allegations of breach of duties
We represented a client in successfully defending allegations of breach of his duties under a lasting power of attorney. In order to succeed in defending the claim in its entirety, we were required to carry out a thorough analysis of financial evidence to substantiate legitimate expenditure on behalf of the donor.
Sibling seeking to register in respect of their mother
We represented a client in challenging a lasting power of attorney, which her sibling was seeking to register in respect of their mother. The power of attorney was suspected to be a forgery and was also purported to be granted in close proximity to the mother being diagnosed as lacking the capacity to deal with her own affairs. Following the commencement of court proceedings, we were successful in negotiating a resolution, which provided for the parties to apply for joint deputyship.
Challenging brother’s application for sole deputyship
We acted on behalf of a client in challenging her brother’s application for sole deputyship in relation to their mother’s financial affairs, where there were reasonably held concerns regarding the brother’s suitability to undertake this role. We performed a detailed investigation of the historical management of the mother’s financial affairs and improper transactions in order to support this challenge.
Wills writing
Jenna was fantastic, I will definitley recommend to family and friends. I will not hesitate to use your services again.
Mr & Mrs B, Sheffield
We wish to thank Banner Jones for incredible assistance in guiding us and explaining the process of our Wills and LPA'S.
Mr & Mrs S, Chesterfield
I am a 93 year old lady, and I was treated as if I was family. Caring and helpful in explaining everything to my dull brain. Thank you.
Mrs F, Old Whittington
From the minute you walk into reception you are put at ease, and this continues right through the chain. Would recommend them any time.
Mr G, Chesterfield
I can’t thank Banner Jones enough for the kindness and patience, and would highly recommend this firm.
Mrs S, Chesterfield
Will Writing
Excellent company. Highly satisfied.
Mrs H, Ashgate
Probate Administration
Exceptional service; professional but friendly. Felt at ease and relaxed when given explanation of the matter being dealt with at a very sad time.
Mrs L, New Tupton
We had Wills drawn by a different solicitor’s firm who left us confused and anxious. By contrast, the solicitor was patient, helpful, clear and gave us good advice. Thank you for an excellent service. We recommend Banner Jones highly for Will writing.
Mr & Mrs G, Old Tupton
Will Writing
Excellent customer service. Prompt and efficient. I found Jenna to be kind and considerate during our meetings.
Mr & Mrs H, Hasland
The young lady was so friendly and helpful, and made me feel comfortable – which is a rare thing these days
Mrs T, Sutton In Ashfield
Will Writing
Very helpful and pleasant. She was very professional, and answered all my queries. I would have no hesitation for asking for her assistance if ever I need a solicitor in the future.
Mrs R, New Whittington
Being left on my own to make another Will was hard for me, but it was made easier by the staff of Banner Jones. It was dealt with quickly, sympathetically and was able to help Ashgate Hospice.
Mrs S, Newbold
Very helpful and friendly. Everything was explained in a way that made it easier to understand.
Mr & Mrs M, Dronfield
Clear, precise, friendly information on the issues we had. Will use Banner Jones for any future legal advice and issues.
Mr & Mrs M, Chesterfield
Will Writing
Very happy with services offered by professional people.
Mr & Mrs H, Mansfield
Writing a WIll
I would give you 10/10. Very good.
Mrs P, Bolsover
Thank you for helping me prepare my Will. I thought it may be a daunting experience, but I was given great advice by Becky. I think it is also a fantastic idea to donate to the John Eastwood Hospice.
Mr S, Forest Town
Writing a Will
Everything was dealt with efficiently.
Mr & Mrs J, Glapwell
Thank you for dealing with everything in a professional, pleasant and friendly manner.
Mrs R, Mansfield
Very friendly experience with clear and uncomplicated explanations, giving us confidence in the professional service.
Mr & Mrs L, Grindleford
Will Writing
A very friendly and helpful service from start to finish.
Mrs C, Shiregreen
Staff who have helped me at Banner Jones have been professional, courteous, prompt and kind. Special thanks for advice and updates (about safeguarding ideas too), and for my Will.
Ms R, Bolsover
I found Natalie very courteous, and she has a lovely disposition. She’s very easy to talk to.
Mr L, Chesterfield
The service I received couldn't have been better!
Mrs C, Chesterfield
Your sensitivity on your home visit to deal with Mum’s Will was absolutely brilliant.
Mr & Mrs J, Barlow
Excellent service – friendly staff explained everything to me in ways that I could understand.
Mrs C, Bolsover
My Will was drawn up speedily and expressed my wishes precisely. Miss Fowlston was pleasant, helpful and produced exactly what I wished for.
Mr S, Brimington Common
All my requests were dealt with efficiently and with respect for my situation, after my recent loss.
Mrs B, Morton
Our experience with Banner Jones was friendly and efficient.
Mr & Mrs H, Brockwell
Put everything in black and white and Banner Jones “Will” see you right.
Mrs W, Shuttlewood
A very prompt and helpful group of lawyers. First class service.
Mrs T, Tuxford
Everything in plain English.
Mr & Mrs S, Crookes
Very prompt & efficient service provided, meeting a tight schedule.
Mr C, Mansfield
The service I got was excellent. Staff were really helpful. The solicitor that dealt with my case was really helpful and I thank her. I would recommend this firm to anyone.
Mr M, Chesterfield
Katie was the advisor who dealt with me. I found her to be friendly and very helpful. She explained anything to me that I didn’t understand.
Mr W, Chesterfield
Excellent, professional and supportive communication throughout. Thank you very much, Kat.
Mrs B, Shirland
My family, and our business, always use Banner Jones Solicitors for a range of legal services. From wills and property purchases to more complex commercial legal matters, I would not hesitate in recommending Chris Sellars and the team at Banner Jones Solicitors.
Chris Breeze Managing Director – DCJ Group Insurance, Chesterfield
Throughout my dealings, Chris has shown fantastic communication skills, judgement, perseverance and research knowledge and I cannot praise him and Banner Jones enough.
Your service was very satisfactory and pleasant.
Mrs H, Mansfield
The staff were kind and helpful
Mrs T, Mansfield
Banner Jones provided a friendly welcoming professional environment when we visited their offices and the advice and service was first class. We would certainly use Banner Jones for the other services as well and will recommend the company to family and friends.
Mr & Mrs S, Chesterfield
Very efficient, friendly and professional. We would definitely recommend to friends and family. They made the whole experience problem free.
Mrs W, Mansfield
We’re really grateful for the work you did for us. 10 out of 10!
Mr & Mrs S, Bridlington
Very easy to make appointments, very personal service from all people at Banner Jones, my solicitor was very friendly and put me at ease. If I needed a solicitor again, Banner Jones would be the first on my list.
Mr C, Dronfield
Brilliant service, kept well informed all the way through the process. Would definitely recommend.
Miss H, Nottinghamshire
Cannot fault the service, efficient, prompt and cautious. Matters explained very well and clearly. Pleasantly surprised.
Mr & Mrs D, Mansfield
Service provided was excellent. All the staff were very helpful, considerate and professional. I would highly recommend to friends and family.
Mr W, Nottinghamshire
Banner Jonesprovided me with a very professional and friendly service in difficult, personal circumstances and I cannot reccomend them enough. 10/10.
Mr T, Chesterfield
Excellent, efficient service, Katie was very pleasant and polite. We were made to feel at ease.
Mr Mrs C, Dronfield
Natalie was very professional and friendly. Good listener, very caring. Thank you Natalie.
Mrs M, Mansfield
All my dealings have been with Sarah who has always been professional, knowledgeable and extremely helpful. I would recommend Banner Jones.
Mr P, Derbyshire
Excellent, professional service.
Mrs M, Mansfield
Very good and friendly reception staff; excellent professioanl service; good comunication and timely attention to my work undertaken.
Mrs F, Chesterfield
Outstanding service. So very helpful, knowledgeable and easy to understand. A pleasant member of your team!
Mrs K, Sheffield
We recieved a promt, helpful and most efficient service. I wouldn't hesitate to ever use Banner Jones Solicitors again.
Amy was excellent - Thank you so much for all your advice.
Ms E, Chesterfield
I would just like to pass on my comments with regards to the first class service we received with the estate of my dear late mother.
We have been dealing with Banner Jones and I would like to say they have been excellent throughout. We have found them to be extremely efficient, helpful, understanding and friendly at this difficult time.
Also very accommodating with appointments as I work full time.
I would also comment she was very patient in dealing with my elderly father who struggles with severe hearing difficulty.
I have no hesitation in using your services again, we will shortly be making appointments to update the will for my father and in due course I will also be updating my own will with Banner Jones as all of our family affairs are with your company.
I will have no hesitation in recommending Banner Jones Solicitors to others, once again, thank you to you all.
Ms Carpenter
Banner Jones & Kat Wheeldon's help has got me through this last year. Their help and kindness was without doubt invaluable.
Mrs W, Chesterfield
Kathryn Wheeldon has provided me with an excellent service and I would recommend her to all of my friends and family.
Mrs R, Chesterfield
Excellent service! Becasue of illnesses, my new will from start to signing took half a day!
Mrs B, Nottingham
Excellent service! Thank you for all fo your help and making everything stress free for me. Will definitley recomment you.
Mr B & Mrs M, Chesterfield
Excellent Service from Banner Jones. Thank you.
Mr & Mrs L
Very helpful and understanding. Thank you.
Mrs B, Chesterfield
Very happy with all aspects of my treatment at Banner Jones. Thank you very much Katie.
Mrs A, Chesterfield
Excellent. Katie was very pleasant and helpful.
Mr & Mrs B, Chesterfield
Very thorough, professional and friendly service, thank you.
Mrs K, Chesterfield
Friendly, and vey helpfull staff.
Mr & Mrs J, Mansfield
Excellent, friendly service, my Will was updated very quickly for me, which I really appreciate.
Mrs P, Chesterfield
Natalie at Banner Jones helped us update our Wills. She was very thorough whilst being sensitive to our situation She made it an easy, simple process. We recieved our Wills quickly and completed the matter within 3 weeks!
Mr & Mrs F, Chesterfield
Excellent service from start to finish! Prompt, trustworthy, reliable and extremely helpful. Highly recommended!
Many thanks to Katie Woodward for her wonderful assistance.
Mr & Mrs C, Chesterfield
Very pleased with the service recieved. Natalie was a very pleasant and efficient person to deal with. I wouldn't hesitate to recommend your services. Thank you.
Mrs B, Chesterfield
Extremely satisfied with the service provided by Katie (and Ellie) in a very professional, friendly manner. The making of the Wills was handled sensitively, thank you.
Mr & Mrs P, Mansfield
Excellent service, all matters were dealt with in a very professional way.
Mr M & Dr R, Sheffield
We used Kat Wheeldon at Banner Jones for our Wills and Powers of Attorney. We always had a friendly but professional service. Details were explained clearly so that we understood exactly what was involved and required. Fees weere explained straight away. We shall return to Banner Jones for any further legal work.
Mr & Mrs Diprose
First class service. many thanks for your help from start to finish.
Mr & Mrs C, Chesterfield
I have recieved help and advice from Katie Woodward, she is kind, considerate and professional. I would be pleased to recommend her to friends, family and colleagues. Many thanks.
Ms A, Chesterfield
I have been with this solicitors since the 60's and I have always been happy with this company. I was very happy with seeing Amy about my Will, she was very helpful.
Miss W, Mansfield
Banner Jones staff have always been professional and kind throughout my dealings with them. They have been very considerate towards my elderly Uncle, and met his needs - Whether his physical or mental impairments - Making adjustments to their practice with no hesitation at all.
Mr P, Chesterfield
Both Natalie and Stacey were very friendly and I had a professional service for both my house purchase and Will. The staff were very nice to talk to and helped me with every step if I was unsure what to do. Will highly recommend to friends and family.
Ms L, Chesterfield
Outstanding service from start to finish.
Mr & Mrs B, Mansfield
Thank you so much for your excellent service in helping me making a Will.
Mrs B, Mansfield
We were very happy with the service provided.
Mr & Mrs W, Dronfield
Thank you all for your kindness and support in a very sad time in my life, you have helped so much.
Mrs W, Chesterfield
On behalf of Darren and myself I would like to thank you both for all your help and assistance in this matter.
Excellent and efficient throughout and handled with a professional and sensitive approach.
Mr T & Mr D
I would like to thank you for the friendly, and efficient way you have dealt with me. Thank you.
Mrs L, Dronfield
All staff we came into contact with were very professional. A quick and efficient service.
Mr & Mrs T
Thank you for last weeks meeting which we both found very informative, friendly and helpful. You were able to reassure us and put our minds at rest about the number of issues. Thank you once again.
Mr & Mrs B, Derbyshire
Everything involved was dealt with in an exceptionally professional manner. Amy was a very friendly person to deal with, very knowledgable and also very sympathetic and sensitive to our needs. We could not have been better served!
Mr & Mrs W, Nottinghamshire
Because we are in our 90's and only essentially amending our Wills, Amy was very patient and extremely sensitive to our situation. She explained the issues involved in a manner whcih was very easy to understand. She gave us a great deal on confidence and we were extremely happy with the outcome.
Mr & Mrs W, Mansfield
All staff (off all levels) were very friendly & helpful. Tea/ coffees were made available at the outset and not as an afterthought. I can see no reason at all to not use Banner Jones again for any other aspects of my affairs! Thank you!
Mr M, Chesterfield
A pleasing seamless experience. Very helpful and knowledgable staff. Thank you.
Mrs P, Dronfield
A straight forward & useful service.
Mrs F, Mansfield
Always found very good service. I would highly recommend.
Mrs A, Mansfield
Very friendly and plenty of time and patience to explain every detail.
Mr B & Mrs S, Mansfield
Banner Jones are excellent. I would definitely recommend to anyone.
Mrs F, Sheffield
Very pleased with the whole process. Amy was very helpful and understanding.
Mr & Mrs R, Mansfield
Amy was very kind and helpful. Always polite and goes the extra mile to source help.
Mrs L, Mansfield
Thank you Anna and Natalie - This was a great experience as you made everything go so smoothly. We very much appreciate you working within our tight timeframe.
Mr & Mrs W, Derbyshire
I found the whole service extremely friendly and professional.
Mr & Mrs B, Chesterfield
I do not see a need for any improvement at Banner Jones. You were very helpful, efficient, and very approachable.
Mrs G, Chesterfield
5 stars across the board!
Advised me about my Will. The lady was very knowledgeable, clear, friendly and punctual.
Mrs W, Matlock
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