Personal Welfare issue

outofmydepth

Registered User
Feb 28, 2012
103
I am going through the court process at the moment but wanted to ask ,has anyone ever been granted personal welfare,reading the notes I am not sure whether to carry on with it or not ........................................................please help if you can
 

Annabel

Registered User
Nov 10, 2011
5
Manchester
My mum was diagnosed nearly 4 years ago and at the time, the doctor advised us to apply for POA - (1) Health and Welfare and (2) Finance. The health and welfare POA has been very helpful as far as mum's doctors are concerned because as soon as we got the POA, my mum and I took a copy of it to the surgery and they have it on file. I can now ring up for mum for results of blood tests etc. My brother and I applied ourselves and jointly share the POA and do feel it has been of help to us so far.

Hope this helps but please feel free to ask any questions
 

outofmydepth

Registered User
Feb 28, 2012
103
Thank you so much annabel,I think the only question i have for now is how detailed does information on the witness statement need to be ,they ask for 'specific issues about which decisions need to be made' ......................it might be simple and it's just my reading of it that's making me worry how much they want


any advice ,the reason I applied was because mum lacks capacity and can't speak for herself and the doctors keep asking if anyone is deputy when i say what mum 'wants' ,as i think I/we know her best ,does that make sense
 

jenniferpa

Registered User
Jun 27, 2006
39,448
You're talking about deputyship for welfare? And in England (not Scotland)? Well I'm sure it's happened but it is extremely rare (I sort of remember reading somewhere that less than 20 such appointments have been made, but I might have imagined that). I think there are very specific situations where it might be granted as for the most part, the courts view is that the Mental Capacity Act etc can cover all the bases.

Scotland is different - I think they are granted quite frequently there.
 

Annabel

Registered User
Nov 10, 2011
5
Manchester
I Have a copy of the forms at home so will check tonight and get back to you tomorrow. Is it Lasting Power of Attorney you are applying for as this is what we have? It took quite a while but was worth it
 

outofmydepth

Registered User
Feb 28, 2012
103
I Have a copy of the forms at home so will check tonight and get back to you tomorrow. Is it Lasting Power of Attorney you are applying for as this is what we have? It took quite a while but was worth it
To be clear ,the application is to the court of protection for ' property and affairs and personal welfare It's the personal welfare part that the court have asked for a 'witness statement' (cop24)

My mother lacks capacity and therefore could not give LPA



Thanks anyway Annabel,sorry if I wasn't very clear
 

jenniferpa

Registered User
Jun 27, 2006
39,448
I did find some statistics for you: in 2010 the court made 106 personal welfare deputy orders and 70% of such applications were refused. This is actually more that in the previous 2 year period when 80% of applications were refused.

The MCA code of practice says

8.38 Deputies for personal welfare decisions will only be required in the most difficult cases where:

• important and necessary actions cannot be carried out without the court’s authority, or

• there is no other way of settling the matter in the best interests of the person who lacks capacity to make particular welfare decisions.

8.39 Examples include when:

• someone needs to make a series of linked welfare decisions over time and it would not be beneficial or appropriate to require all of those decisions to be made by the court. For example, someone (such as a family carer) who is close to a person with profound and multiple learning disabilities might apply to be appointed as a deputy with authority to make such decisions
• the most appropriate way to act in the person’s best interests is to have a deputy, who will consult relevant people but have the final authority to make decisions
• there is a history of serious family disputes that could have a detrimental effect on the person’s future care unless a deputy is appointed to make necessary decisions
• the person who lacks capacity is felt to be at risk of serious harm if left in the care of family members. In these rare cases, welfare decisions may need to be made by someone independent of the family, such as a local authority officer. There may even be a need for an additional court order prohibiting those family members from having contact with the person.
My feeling is that if you plan to do this you would be wise to phrase the statement in such a way that it highlights any points that relate to the above.
 

outofmydepth

Registered User
Feb 28, 2012
103
Excellant thank you jenniferpa,the examples are really helpful and I agree ,highlighting one would be very useful
 

jenniferpa

Registered User
Jun 27, 2006
39,448
Yes indeed

http://www.justice.gov.uk/protecting-the-vulnerable/mental-capacity-act has all the guides (including easy read guides) and the actual Code of Practice which can be downloaded from that page http://www.justice.gov.uk/downloads/protecting-the-vulnerable/mca/mca-code-practice-0509.pdf

Also - I found this on the justice site on this page http://www.justice.gov.uk/protecting-the-vulnerable/mental-capacity-act/additional-guidance

"Health and personal welfare applications under the Mental Capacity Act 2005" http://www.justice.gov.uk/downloads...mca/judge-jackson-article-pw-applications.pdf which might be of interest.
 

Ellie315

Registered User
Jun 29, 2011
91
Yes indeed

http://www.justice.gov.uk/protecting-the-vulnerable/mental-capacity-act has all the guides (including easy read guides) and the actual Code of Practice which can be downloaded from that page http://www.justice.gov.uk/downloads/protecting-the-vulnerable/mca/mca-code-practice-0509.pdf

Also - I found this on the justice site on this page http://www.justice.gov.uk/protecting-the-vulnerable/mental-capacity-act/additional-guidance

"Health and personal welfare applications under the Mental Capacity Act 2005" http://www.justice.gov.uk/downloads...mca/judge-jackson-article-pw-applications.pdf which might be of interest.
Thank you.
 

outofmydepth

Registered User
Feb 28, 2012
103
Yes indeed

http://www.justice.gov.uk/protecting-the-vulnerable/mental-capacity-act has all the guides (including easy read guides) and the actual Code of Practice which can be downloaded from that page http://www.justice.gov.uk/downloads/protecting-the-vulnerable/mca/mca-code-practice-0509.pdf

Also - I found this on the justice site on this page http://www.justice.gov.uk/protecting-the-vulnerable/mental-capacity-act/additional-guidance

"Health and personal welfare applications under the Mental Capacity Act 2005" http://www.justice.gov.uk/downloads...mca/judge-jackson-article-pw-applications.pdf which might be of interest.
These links proved very helpful thank you ,have now done all the necessary paperwork and just wait now to see what the courts decide

So thank you Jenniferpa and everyone at TP
 

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