Whilst applications for health and welfare deputies are less common, the court may appoint a health and welfare deputy where there is no validly appointed health and welfare attorney and where the court considers it in the best interests of the person for such an appointment to be made.
Contrary to property and finance decisions, there is limited scope for health and welfare decisions to be made, in a person’s best interests, in consultation with all relevant parties, in the absence of a health and welfare attorney or deputy under the Mental Capacity Act 2005.
Where a dispute arises, an application should be made to the Court of Protection.
Our team of experts can guide you to further understand whether the appointment of a health and welfare deputy would be in the best interests of a person.
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