• 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.

Book an appointment 15 minute free virtual consultation

Schedule a free 15 minute online appointment to discuss Court of Protection matters. We will provide general advice during this consultation and no legal work will be undertaken unless agreed during this appointment.

Book an Appointment
  • Get in touch

    Please fill out the below form or alternatively you can call us on 01622 690691

    Contact form

      By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you subscribe to any of our newsletters, you can unsubscribe any time using the link in the email. Please view our privacy statement for more information
  • Expertise

Key Contacts - Welfare Applications Solicitors:

Meet the Team:

  • Brachers know their subject, are very competent and, above all, very diplomatic. These attributes have been so important during the present lock down when the ‘working from home’ handicap could have spoiled progress – but it didn’t.

    The Legal 500
  • The team at Brachers is knowledgeable and professional and provides pragmatic advice.

    The Legal 500
  • A firm with longevity, trust and a personal touch.

    Client quote