Russell-Cooke obtains rare Welfare Deputyship on behalf of family of SEN young adult
Private client legal director, Vanessa Collins, 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.
Vanessa Collins is a legal director in the private client team. She specialises in Court of Protection matters and deputyship applications for personal welfare, including for individuals with disabilities and special educational needs, as part of her broad practice. The Russell-Cooke Court of Protection team has experience handling complex matters in the area of capacity, including the issues that arise when more than one jurisdiction is involved.
Get in touch
If you would like to speak with a member of the team you can contact our private client solicitors; Holborn office +44 (0)20 3826 7522; Kingston office +44 (0)20 3826 7529 or Putney office +44 (0)20 3826 7515 or complete our form.
