Health and Welfare

Where a person lacks the mental capacity to make a specific decision for themselves, decisions must be made for that person, in their best interests. The legal framework governing best interest decision making and the Court of Protection’s role can be found in the Mental Capacity Act 2005.

The Court of Protection resolves disputes and makes decisions for people who lack the mental capacity to make those decisions themselves. The Court of Protection has two separate streams: property and affairs and health and welfare. In addition to our expertise in property and affairs matters, we are also experts in health and welfare matters in the Court of Protection. Download our Court of Protection A-Z guide here. 

Disputes can arise, particularly between family members and professionals, as to what is in an individual’s best interests. Alternatively, an individual who has been assessed to lack capacity may wish to challenge that assessment or a decision that has been made on their behalf. As a last resort, the Court of Protection may need to become involved to resolve a dispute or to make a declaration relating to the issue of mental capacity or to the question of what is in an individual’s best interests.