When a person lacks capacity to make decisions in relation to their health and welfare and has not nominated a power of attorney, the Court of Protection can appoint a deputy to take those decisions on their behalf. Examples of health and welfare decisions include:
- Where a person should live
- Who they should live with
- What day to day care and support they need
- What treatment they should receive for particular health conditions
The law relating to adults who lack mental capacity (the Mental Capacity Act 2005) sets out that a person’s parents, friends and family members should be consulted in relation to their loved one’s welfare decisions. However, this does not always happen and families can feel side lined and without a voice.
Welfare deputyships are increasingly being used to help families that are having practical difficulties in working alongside health and social care providers to make decisions for their relatives. In particular, it can help parents to remain as the decision maker for their child after their eighteenth birthday.
We can advise whether a welfare deputyship is right in your circumstances and, if so, support you in making the necessary application to the Court of Protection.