How can a health & welfare deputyship help you?

A health & welfare deputyship can help make certain decisions and processes smoother. Our team looks into what they can help with and how you can go about setting one up.

What is a health & welfare deputyship?

A health & welfare deputyship allows those appointed (deputy/deputies) to make decisions about:

• medical treatment
• living arrangements (eg. care home placement)
• daily care and social activities including how the incapacitated person is looked after.

This type of deputyship is less common than a property & financial affairs deputyship because most health & welfare decisions can be made informally under the Mental Capacity Act 2005 using the ‘best interests’ principle.

Does the court appoint health & welfare deputies?

The Court of Protection usually only appoints a deputy in situations where there is a need for ongoing support and decision making that requires the deputy’s involvement.

Whilst the Court of Protection can be reluctant to appoint health & welfare deputies, recent care law has clarified that there is no presumption against appointing a welfare deputy, and that the legal test is simply whether the appointment is in the person’s best interest.

Process

A health & welfare deputyship is obtained by applying to the Court of Protection. Often, a loved one or family friend will ask to be appointed as a deputy.

Other ways forward

The best way, of course, is to ensure that you and your loved ones have made a health & welfare lasting power of attorney, and that this is registered and ready to go should you need it.

If there is no LPA in place, and the relevant person has lost mental capacity to make health and welfare decisions, then please do contact our team of experts who can best advise you on the necessary steps forward.

Our Legal 500-rated wills, trusts & probate team has the expertise to help you plan for the future and guide you through any difficult challenges that may arise, including those relating to deputyships.