Deputyship For Health And Welfare

Deputyship For Health And WelfareWhen someone loses the mental capacity to make decisions for themselves, whether due to dementia, brain injury, stroke, or another condition, important day-to-day decisions about medical care, living arrangements, or treatment may need to be made on their behalf. In those circumstances, the Court of Protection may grant a deputyship for health and welfare, naming specific individuals to take control of the vulnerable person’s affairs, and detailing the extent of that control.

At Simper Law, Court of Protection work is, and always has been, at the heart of our legal practice. We have an in-depth knowledge of the Court’s processes, and we regularly assist clients in navigating them. Our solicitors understand that every family’s circumstances are unique, and we take the time to listen carefully to your concerns so that we can provide tailored advice and practical solutions that protect the best interests of your loved one.

Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.

“I was delighted by the prompt response and the friendly helpful service we received. Thank you.”

What Is A Deputyship For Health And Welfare?

A deputyship for health and welfare is one of the two main types of deputyships recognised in England and Wales. The other type is called a “property and financial affairs deputyship.”

A health and welfare deputy is authorised by the Court of Protection to make certain decisions on behalf of a person who lacks capacity in relation to their personal welfare. These decisions might include:

  • Decisions about medical treatment and consent (within limits). It is crucial to note that a court-appointed deputy cannot refuse life-sustaining treatment.
  • Decisions about where the person lives, for example, in their own home or in residential care.
  • Decisions about daily routine, care, and personal support.
  • Decisions about diet, dress, social interaction, and other welfare matters.

The decisions made pursuant to a deputyship for health and welfare are deeply personal. The Court of Protection is usually cautious when granting this type of deputyship, and the deputies it appoints are often family members or close friends of the individual who has lost capacity.

When Is A Deputyship For Health And Welfare Needed?

You may need to consider applying for a deputyship for health and welfare when the following circumstances are present:

  • Someone you know has been assessed as lacking the mental capacity to make a specific decision that needs to be made.
  • That person does not have a valid Lasting Power of Attorney in place. If the individual previously made a Lasting Power of Attorney covering welfare decisions, that document would normally take precedence. A deputy is only needed if there is no applicable attorney in place.
  • Decisions relating to the person’s health and welfare need to be made.

In many cases, disputes may arise between family members, carers, or healthcare professionals about what is in the person’s best interests. A deputyship for health and welfare provides clarity and ensures that there is a legally recognised decision-maker in place, helping to avoid unnecessary conflict and delay.

How Do You Apply For A Deputyship For Health And Welfare??

Applying for a deputyship for health and welfare is a complex legal process. It involves obtaining a capacity assessment from a medical professional, preparing the relevant documentation and collating evidence in support, notifying all interested people, and attending any hearing that is arranged by the court.

Our Court of Protection solicitors will explain the procedure for applying for a deputyship for health and welfare to you in detail when they meet with you. They will be on hand to answer any queries you have and address any concerns.

Why Choose Simper Law For Deputyship For Health And Welfare Matters?

Just some of the reasons our clients choose Simper Law to assist them with their deputyship for health and welfare include the following:

• Our Specialist Experience

We have a dedicated Court of Protection team comprised of solicitors with extensive expertise in all Court of Protection matters, including deputyships for health and welfare. Our team is familiar with the nuances of health and welfare applications and will distil the legalities into plain English.

• Our Local Presence And Personal Approach

We pride ourselves on offering the personal service you would expect from a firm with close ties to its local community. Our Court of Protection solicitors are well-known for being compassionate and approachable, and they will put you at ease from the moment you meet with them.

• Our Cost-Efficiency

We are committed to providing our clients with the first-class legal services they deserve at highly competitive rates. Our Court of Protection solicitors go above and beyond to add real value to our clients’ cases and to offer exceptional value for money.

Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.

“Nothing could be improved with the service. Extremely satisfied.”

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Mr & Mrs F. 17-March-2022

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Thank you.”

Kieran D.

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