Health and Welfare Decisions

When someone lacks capacity to make decisions about their health and welfare these decisions may need to be made by someone else. Where an agreement about a person’s best interests cannot be reached between professionals, family members, carers and the person themselves, the Court of Protection can make decisions based on what it considers as being in the best interests of the person concerned.

Health and welfare choices can be a major concern for those who lack mental capacity, their families and loved ones and also people who are planning for their future and the possibility that they may one day lose the capacity to make such decisions. Our dedicated team can support and advise you in relation to the various applications for health and welfare.

This can include:

• decisions about where a person should live
• decisions about what care a person should receive
• decisions about what contact a person should have or not have with other people including the use of social media
• decisions about whether a person should have serious medical treatment
• decisions about whether a person should be prohibited from having sex
• whether a person does or does not have capacity for a certain decision or decisions
• disputes regarding existing Powers of Attorney applications for the removal of Attorneys and Deputies

Legal aid may be available for health and welfare matters in the Court of Protection.