Welfare Deputyships

A welfare deputy can be appointed to make decisions about medical treatments, living arrangements and other welfare issues on behalf of someone else. You can apply to be someone’s welfare deputy if they don’t have the mental capacity to make these decisions themselves.

A welfare deputy must comply with the MCA when making decisions. This includes consulting with others and attempting to reach an agreement about what is in the person’s best interests.

If you’d like to learn more about being a welfare deputy for someone you know, please talk to our experts on 0800 028 1943.

The Mental Capacity Act (MCA) is the law which sets out how decisions must be made on behalf of people who lack mental capacity to make decisions for themselves. It means that any decision made on behalf of such a person must be made in their best interests.

People involved with this decision-making process could include family members, advocates (including Independent Mental Capacity Advocates), care home managers and other care organisations.

In the vast majority of cases, all involved parties can agree on a decision by following the 'best interests' decision making process under the MCA. However, when a serious dispute arises under the MCA, cases can be referred to the Court of Protection for a decision.

Mental capacity is defined by someone's ability to make a decision. In order to have the capacity to make a decision, someone must be able to:

• Understand what the decision involves
• Remember information long enough to make a decision about it
• Use and weigh up the information to reach a decision
• Communicate the decision

If an adult is able to do all of these things, they have sufficient mental capacity to make a decision.

Our experienced team of mental capacity solicitors are national leaders in mental capacity disputes.

We have been involved in a number of the leading mental capacity case, including the landmark Cheshire West Supreme Court case, in which we represented the mother of the man at the centre of the proceedings.

We are regularly instructed by the Official Solicitor, Independent Mental Capacity Advocates (IMCAs) and care organisations, who come to us because they trust our dedication and expertise in this field.

Our expert lawyers have experience in mediation and in negotiating solutions in hotly disputed cases, both inside and outside the Court of Protection.

As a full service law firm, we also offer a wide variety of other services that can be helpful for individuals with reduced mental capacity, such as a representation in healthcare and human rights disputes or help with personal injury trusts.