The Court of Protection can appoint a personal welfare deputy to deal with any personal welfare issues that might arise where someone looses capacity to manage their own welfare.
Appointments are usually made to deal with decisions such as:-
- Medical treatment; and
Personal welfare deputies are relatively rare, with the majority of applications being refused, but the Court of Protection will entertain an appointment where key welfare decisions need to be made. Examples include:-
- Withholding life sustaining medical treatment;
- Invasive treatment;
- Experimental or innovative treatment;
- Decisions involving a complex ethical dilemma; and
- Termination of pregnancy.
Given the high rejection rate, we would recommend careful consideration before anyone puts themselves forward as a personal welfare deputy.
It is particularly important that any proposed professional personal welfare deputy is clearly and transparently impartial and independent. Professional deputies must consider whether they are compromised by their previous involvement.
So, while solicitors in our team are willing to be appointed as a professional personal welfare deputy we will only do so if we have not previously been involved with the case and can be regarded as truly impartial.
Alternatively, we can assist in making an application to the Court of Protection where there is a dispute about a specific decision relating to a someone’s health and welfare that needs to be determined by the court.
Our Court of Protection lawyers offer FREE initial guidance on all Court of Protection and deputyship issues, so if you need advice on appointing a welfare deputy give us a call on 0808 139 1606 or email us at [email protected]