Russell-Cooke obtains rare Welfare Deputyship on behalf of family of SEN young adult
Private client expert of law firm Russell-Cooke, has obtained a rare Welfare Deputyship on behalf of the family of a young adult with special educational needs (SEN). The young adult lacks capacity and has complex medical needs. The deputyship specifically addresses the young person’s health needs and authorises their welfare deputies to make medical decisions on their behalf.
A Health and Welfare Deputyship can be applied for by individuals willing to manage the affairs of a person over 18 who is mentally incapable of creating a Lasting Power of Attorney (LPA).
This outcome is particularly significant given the court's historical reluctance to grant a deputy broad and general authority over an incapable person’s health and welfare. Whilst financial deputyships are often successful, obtaining a deputyship for health and welfare matters has been much more challenging for many years. Applicants should understand their chances of success, the favourable circumstances in which courts will consider their application and the information necessary to improve those chances. Applications addressing specific issues in the incapable person’s best interest are more likely to succeed. Demonstrating the need for continuity and consistency in linked decisions made over time by the same person also increases the likelihood of approval.
Our private client team act in new and complex areas of law, such as Private International Law, Matrimonial Property Regimes and Family Investment Companies. We advise on all aspects of UK taxation, with particular emphasis on inheritance tax and capital gains tax planning.
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