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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.

What is Health and Welfare Deputyship?

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.

Starting your Health and Welfare claim

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.

Our expert team can:

  • Advise a wide range of individuals, their family members and other professionals deputies in relation to matters involving the Court of Protection.
  • 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.
  • 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.
  • Prepare applications to the Court of Protection to seek the appointment of a health and welfare deputy.

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.

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.

 

Why choose Boyes Turner?

All decisions are always made in a client’s best interests, leaving the family free to concentrate on the care of their family member and not be burdened by paperwork. We also understand the emotional and practical implications of acting for a person who lacks mental capacity and the impact this can have on families. By appointing us as a professional Deputy, the family will have peace of mind in the knowledge that their family member is well-supported, and all financial paperwork is in order.

  • We're nationally acclaimed court of protection lawyers. We’re recognised as leading experts by Chambers Directory and Legal 500.
  • Experienced professional deputyship, personal injury trust and statutory will specialists.
  • We act for clients all over the UK.
  • Established relationships with care agencies, therapists, fund managers and accountants.
  • We've won awards & accreditations for our work and are known for securing maximum compensation for clients.
  • We have an extensive & highly experienced court of protection team with proven skills and experience.
  • We provide the highest standards of advice and understand that each family has different needs, and we offer an individual and caring service.

Read more about Boyes Turner

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  • No upfront costs & no win, no fee
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Meet your specialist team

Our specialist Health and Welfare Deputyship team are considered leaders in the field and have a significant amount of expertise.
Ruth Meyer photo

Ruth Meyer

Partner

Alexander Wright headshot

Alexander Wright

Partner

Anne Pearson headshots

Anne Pearson

Senior Paralegal

Sue Clark photo

Sue Clark

Senior Associate – Solicitor

Lindsay Da Re

Lindsay Da Rè

Associate - Solicitor

Alex Edwards

Alex Edwards

Associate - Solicitor

Jessica Jarvis Headshot

Jessica Jarvis

Associate - Solicitor

Dani Pini headshot

Dani Pini

Solicitor

Katarina Ahmed

Katarina Ahmed

Paralegal

Daisy Fox headshot

Daisy Fox-Clarkin

Paralegal

Lauren Hall headshot

Lauren Hall

Paralegal

Maria Hobbs

Maria Hobbs

Paralegal

Sue headshot

Sue O'Connell-Davidson

Paralegal

Nadine Silas-Richards

Nadine Silas-Richards

Paralegal

Victoria Stewart

Victoria Stewart

Paralegal

Niki Tarrant headshot

Niki Tarrant

Senior Paralegal

Emma Wheeldon headshots

Emma Wheeldon

Senior Paralegal

Ewelina Wolanin headshot

Ewelina Wolanin

Paralegal

James Pantling-Skeet headshot

James Pantling-Skeet

Senior Associate – Chartered Legal Executive

Ruth Meyer photo
Alexander Wright headshot
Anne Pearson headshots
Sue Clark photo
Lindsay Da Re
Alex Edwards
Jessica Jarvis Headshot
Dani Pini headshot
Katarina Ahmed
Daisy Fox headshot
Lauren Hall headshot
Maria Hobbs
Sue headshot
Nadine Silas-Richards
Victoria Stewart
Niki Tarrant headshot
Emma Wheeldon headshots
Ewelina Wolanin headshot
James Pantling-Skeet headshot

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Awards & accreditations

Our medical negligence and personal injury teams have been nationally recognised for over 20 years because of their expertise, empathy and commitment to securing maximum compensation for our clients.

              Brake | The Road Safety Charity

What our clients say

"Review following handling of our family's social care case."

We contacted Boyes Turner earlier this year after we ran into a dispute with our local authority. This was about a social care matter and learning disability.
The case was handled with professionalism and tact.

Andrew
Rated Excellent 4.8/5