Court of Protection Health & Welfare Applications

Under the Mental Capacity Act 2005 if a person cannot make a decision for themselves, the Court of Protection may be asked to make it for them.

If a person lacks the necessary capacity to make decisions regarding their care and have not already appointed an attorney, then it will be necessary for those connected with that person’s care to make a decision on their behalf.

Under the Mental Capacity Act, when a person lacks the capacity to make a decision, those connected with their care can make it for them. This can include Doctors, Social Workers, family members and anyone else who provides care on a regular basis. All of these people have an equal say.

On occasion, there may be a disagreement between those care providers. In these circumstances it may be necessary to ask the Court of Protection to intervene and come to a decision. The Court may also consider whether a Health & Welfare Deputy should be appointed, but will only do so in extreme circumstances.

The Court of Protection is generally reluctant to interfere in respect of the welfare needs of those who lack capacity. In order for an application to be successful, it will be necessary for the Court to be asked 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 treatment. The Court of Protection will also be willing to consider applications which relate to serious medical treatment.
If you would like to discuss a Court of Protection Health and Welfare application, please call our FREE legal helpline on freephone 0808 139 1606.

Author: cpl

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