Personal Welfare Deputyships

A personal welfare deputyship enables a deputy to make ongoing decisions regarding the treatment, care, and accommodation of an individual who lacks the capacity to make decisions themselves, in connection with their personal welfare.

As part of the application process, proposed deputies generally need to apply for permission from the Court to make the application. The Court must also be provided with the names and addresses of all proposed deputies, and the details of the person who may lack capacity, which is accompanied by a form detailing the various doctors and Local Authorities with oversight of the individual’s care.

Most importantly, applications for personal welfare deputyships are accompanied by capacity assessments in the Court’s prescribed form, which assesses whether the individual has the capacity to make decisions regarding their own personal welfare and care.

The Court may also request further information regarding the level of care received, including an explanation as to why an ongoing deputyship is required in place of the Court making such decisions.

The Court will only grant a deputyship for personal welfare in specific circumstances, where it is in the best interests of the individual to do so. For example, a deputyship may be granted:-

• Where a series of linked decisions need to be made and it is not in the person who lacks capacity’s best interests for applications to be made to the Court on each occasion;
• Where an informal, collaborative approach between family members and relevant care providers has been ineffective; or
• Where conflicts within a family will have continuous detrimental implications on the person’s care.

Personal welfare deputies must adhere to a range of standards and obligations, most importantly to act in the best interests of the person at all times. Deputies must act closely with support workers, the local authority, and any relevant care providers to ensure that the individual who lacks capacity receives the best care for their needs. It is important that deputies do not simply impose their own opinion and medical beliefs, but instead act in accordance with prior wishes of the person who lacks capacity, and medical advice.

If you would like to find out more information about a personal welfare deputyship, please contact a member of our Court of Protection Team.