• Welfare Applications Solicitors

    If a medical or welfare decision cannot be reached, then it may be appropriate for the Court of Protection to direct and authorise a certain decision, regarding the welfare of a person who lacks mental capacity. 

    What is a Welfare Application?

    A Court of Protection Welfare Application is made by an appropriate person such as a family member or appropriate organisation such as the Local Authority.

    Over the last few years, it has become clear that the Court of Protection are reluctant to grant a general health and welfare order (appointing a deputy); however; instead, would consider a one-off order. This type of welfare order would be specific and isolated to a certain issue that cannot be solved by mutual agreement.

    In order for the Court of Protection to consider the application, they must first grant you the permission to apply.  If permission is refused, it does not restrict future applications being made.

    Application Process

    As any application to the Court of Protection, there will need to be substantial evidence and information included. This type of application will require thorough fact finding as to the current circumstances and past decisions made.

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