Find a Court of Protection panel member with Health & Welfare deputyships expertise
Health and Welfare Deputies are appointed by the Court of Protection to make decisions on behalf of a person who lacks the mental capacity to make important welfare decisions about their life (a ‘Protected Party’).
This may include decisions such as where they live, who they should live with, their day to day care and future healthcare options.
Under the Mental Capacity Act 2005 parents, family members and friends have the right to be consulted about decisions made for the Protected Party and whilst this is often sufficient, a family member may request the Court of Protection to appoint a Welfare Deputy to ensure their loved one’s best interests are respected.
Being appointed a Welfare Deputy can be useful in lots of different situations, for example
- to ensure that you remain the decision maker for a child when they turn 18
- if difficulty has been experienced getting information from health care providers concerning the Protected Parties treatment
- to ensure you are included in any best interest decisions for the Protected Party
Deputies must ensure when making decisions on behalf of the Protected Party that they:
- are acting in the Protected Party’s best interests
- giving consideration to what the Protected Party has done in the past and therefore would be likely to do in the present
- apply a high standard of care which may involve getting advice from others such as relatives and professionals such as doctors
- do everything to help the Protected Party to understand the decision, which may include the use of pictures or sign language
- add the decisions to the annual report