Health and Welfare

Health and welfare issues that the Court of Protection may become involved with include:

• Making decisions about where an individual should live, what their care package should look like and who they should have contact with
• Determining whether an individual has mental capacity to make a particular decision
• Appointing a deputy to make decisions about an individual’s health and welfare
• Authorising the deprivation of an individual’s liberty or determining whether an existing authorisation of an individual’s deprivation of liberty is lawful
• Determining whether it is in an individual’s best interests to receive a particular course of treatment or to undergo a serious medical procedure
• Disputes relating to an attorney who has been appointed by an individual to make decisions on their behalf

We can provide advice to individuals and their family members or to advocates and other professionals, whether or not proceedings have already commenced in the Court of Protection. We can represent parties to proceedings in the Court of Protection, acting on behalf of the individual the proceedings relate to or acting on behalf of family members of that individual.

If you have been notified that an application has been made to the Court of Protection in respect of a family member who lacks mental capacity, we can provide advice on how to approach the proceedings and / or ongoing representation during the proceedings.

We can also prepare applications to the Court of Protection to seek the appointment of a health and welfare deputy.

There are very strict financial criteria for who might be eligible for government-funded legal aid advice. We do not offer community care advice funded by legal aid. Information about eligibility for legal aid is available on the government website: https://checklegalaid.service.gov.uk/scope/diagnosis

We advise a wide range of individuals, their family members and other professionals deputies in relation to matters involving the Court of Protection.