03

Aug

Applying to the Court of Protection for Health and Welfare Deputyship

When a loved one cannot make decisions some or all decisions on their health and welfare, you may need to apply to the Court of Protection for a deputyship if there is no Lasting Power of Attorney in place.

If one of your loved ones is unable to take decisions on their care, it can be a particularly distressing time. It is vital that you receive the right advice to ensure that the right decisions can be taken on their behalf.

The most common way to do this is by applying for deputyship to the Court of Protection, allowing you to make decisions on their health and welfare.

If you’d like to talk directly to one of our legal experts about applying to the Court of Protection, call us now on 01282 695 400.

Could you make a Health and Welfare Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) allows a person to appoint someone they trust (known as an attorney) to make decisions on their behalf should they lose capacity to do so themselves.

By taking out a Health and Welfare LPA, the attorney can take decisions including:

  • Where a person will live
  • What care they will receive
  • Decisions on resuscitation

You can find more information on making a Health and Welfare LPA here.

What happens if a person loses capacity before making an LPA?

In order to make a Health and Welfare LPA, a person must be deemed to have mental capacity to do so.

If your loved one is deemed to have lost mental capacity to make decisions before an LPA has made, you will need to apply to the Court of Protection for deputyship.

If the Court of Protection grants deputyship, you will be able to make certain decisions set out by the court depending on the needs of the person you are taking decisions for.

What is the Court of Protection?

The Court of Protection is responsible for taking decisions relating to the management of the affairs for individuals who cannot do so on their own.

When an application for deputyship is made, the first thing the court will do is establish whether or not a person has mental capacity to take decisions for themselves. They will then decide whether they believe the individual applying for deputyship is the right person for that role.

You can read more on the role of the Court of Protection here.

Should you receive legal advice when applying for deputyship?

Here at Future Planning Solutions we would always recommend seeking legal advice before applying to the Court of Protection. The process of making an application for deputyship can be complicated and it is vital that you receive the right advice before taking any action.

By speaking to the specialist solicitors at Future Planning Solutions you can receive:

  • Advice on making an application for deputyship
  • Assistance completing an annual deputy report
  • General advice and support at any particular time

Our dedicated team of solicitors will be available to you at any time to provide the answer any questions you have in what can be a particularly difficult time.

How to contact the legal experts at Future Planning Solutions

To talk to a member of the expert legal team at Future Planning Solutions, call us now on 01282 695 400.

Or, if you’re unable to talk to us right now, you can arrange a call back by completing our online contact form.

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