If a person has not made a Lasting Power of Attorney in relation to their Health & Welfare, and no longer has the mental capacity to be able to do so, then family members may be left in a situation where they have no legal authority to make decisions in relation to the care their loved one receives.

Whilst an application to the Court of protection to be appointed as deputy for P is possible, the appointment of a generic health and welfare deputy is rare.  The Court however is more likely to consider applications in relation to specific issues such as:-

  • Withholding consent to life sustaining medical treatment
  • Invasive treatment
  • Experimental or innovative treatment
  • Decisions involving a complex ethical dilemma

What sort of decisions can the deputy make?

A health and welfare deputy, if appointed, would have the authority to make decisions about where P should live, P’s care and medical treatment.  In reality, it is more likely that the Court would give someone authority to make decisions in relation to specific issues affecting P’s health and welfare.

How much will it cost and who pays?

Solicitors fees for applications for the appointment of a deputy in relation to Health & Welfare matters are fixed by the Court.  Currently solicitor’s fees for making such an application are £850 plus VAT.

Other fees are also payable at the time the application is made which we will discuss with you.  The cost of the application and all associated fees are payable from the funds of the person making the application and not by P.