Making a Court of Protection health & welfare application

If you require specialist legal guidance on making a Court of Protection health and welfare application then our experienced solicitors are here to help. Call our free legal helpline on freephone 0808 139 1606 or send us an email.

If a person lacks the necessary mental capacity to make decisions regarding their care and they have not already made a power of attorney, then you may need to consider making a Court of Protection health and welfare application.

Under the Mental Capacity Act, when a person lacks the capacity to make a health and welfare decision, those connected with their care can make key decisions for them. This can include doctors, social workers, family members and anyone else who provides care on a regular basis.

However, disagreements between care providers can sometimes arise. In these circumstances it may be necessary to ask the Court of Protection to intervene and reach a decision. The Court of Protection may also consider whether a health & welfare deputy should be appointed, but will only do so if there is no better alternative.

The Court of Protection is generally reluctant to interfere in respect of the welfare needs of those who lack capacity. In order for a court application to be successful, it will be necessary to ask the court to make a decision on a specific issue.

The court is more likely to be willing to make a deputyship order when a young person requires regular or varied medical treatment. The Court of Protection will also be willing to consider applications which relate to serious medical treatment.

If you would like to discuss making a Court of Protection health and welfare application, please call our FREE legal helpline on freephone 0808 139 1606 or alternatively send us an email with details of your case.

Author: cpl

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