Has anyone obtained Deputyship for Health and Welfare?
I have been helping family member (J) who is deputy for property and affairs complete the paperwork to apply for Health and Welfare deputyship for an adult child (P).
I am not a practising lawyer but have taught some mental capacity law (so have some knowledge of MCA 2005 and 2019 Lawson, Mottram and Hopton case regarding criteria for appointment of health and welfare deputies.)
J has support of CCG (now ICB), GP and Care Provider plus other family members. She has attended the initial hearing but I wasnt able to go into court to observe the proceedings (only her husband).
This is what they thought were the most important points the Judge indicated:
a. it would be unlikley that J would be given deputyship as at the moment as it was difficult to obtain deputyship unless there was a speciific issue to be resolved,
b. A deputyship would not give her extra powers than she has at the moment- currently she has good relationships with ICB, GP and Care provider who consult her and husband before making decisions. (but previous care provider made a decsion to downgrade P’s care without consultation with family or CCG (as commsioners of the care) which negatively impacted on P’s health. which is why she is applying for deputyship now)
c. Judge wanted J to be legally represented at the next hearing and that P to be represented by official solicitor. The judge indicated it would be costly.
I would be grateful for any comments by those who are aware of other applications for welfare deputyships (successful or not) particularly around the following:
Did applicant use a Law Firm ?
Would you recommnd a particular law firm with relevant experience given circumstances outlined? (they live in South of England).
Did the person who lacked capacity have to be represented by official solicitor?. If so, what sort of costs can be incurred ?