Health, personal and welfare issues may arise, where a decision needs to be made, but the individual does not have capacity to make the decision for themselves. The decision may relate to where they live, who they see, what contact they have with certain people, medical treatment and care issues.
If an individual does not have capacity to make a decision for themselves about their own health or welfare, and a decision needs to be made, then a meeting is usually held with family members and health and social professionals, to reach a decision that is in their best interests. If a decision cannot be reached from this meeting, or somebody is not happy with the decision, then an application to the Court of Protection needs to be made.
The Court in these circumstances prefers to consider the decision in question on an individual basis as and when the issue arises, rather than appoint a Deputy who has authority to make unlimited health and welfare decisions going forward.
In respect of withholding life sustaining treatment, invasive treatment, decisions involving complex ethical dilemmas and terminations of pregnancy, the Court requires individual applications to consider such important decisions.
One area where the Court is willing to make a Deputyship order for health and welfare is for the parents of brain injured children to continue to assist in dealing with everyday welfare decisions after they have reached the age of eighteen.
An application in this respect is more likely to be successful. The transition to adult services and estate planning for the future are areas that we can offer advice on should you need assistance.
Completing the application can be overwhelming as it involves using forms set by the Court, completing them correctly, following the process in the right order, within the timeframes set by the Court, paying the right Court fees and making sure that you notify all the right people and ask the Court for all the types of authority needed. The application to Court can take some time but we can ask the Court to deal with this urgently for you.
Our team at Linder Myers has been instructed on health and welfare matters and are known for their compassion and sensitivity when working with families, guiding them through difficult and delicate issues.