Welfare Deputyships

Our leading Court of Protection solicitors can help you become a welfare deputy to make decisions on behalf of a loved one who lacks mental capacity.

When someone lacks mental capacity, they may be unable to make important decisions about their life. This can include welfare decisions such as where they should live, who they should live with, and about their day-to-day care.

Someone might be unable to make this kind of decision if, for example:

They’ve had a serious brain injury or illness
They have dementia
They have severe learning disabilities.

The Mental Capacity Act (MCA) 2005 gives parents, family members and friends the right to be consulted about decisions made for people who lack mental capacity.

This often works as intended, but there are growing concerns from families and disability rights campaigners about how well the Act is being applied.

More and more people are choosing to become welfare deputies to make sure that their loved ones’ best interests are respected. A welfare deputy is appointed by the Court of Protection and can make certain decisions on behalf of a person who doesn’t have the mental capacity to do so themselves.

Welfare deputyship is helpful for families in lots of situations. For example, it can help ensure that you remain the ‘decision-maker’ for your child when they turn 18. It is also helpful if you have difficulty getting information from health care providers about your loved one or if you feel that you aren’t being included in best interest decisions.

Whatever your situation, we can help you make sure that the best decisions are made for the people you care about.

Our Court of Protection team is ranked as the best in the UK by independent ranking organisations Legal 500 and Chambers & Partners. We also have offices in 15 cities across the UK so we can help wherever you are based.

If you would like to be appointed as a welfare deputy, contact us online or call our friendly team on 0800 028 1943 to find out more.

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Welfare Deputyships - More Information

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Frequently Asked Questions

Why Should I Choose Irwin Mitchell For My Mental Capacity Case?

Our experienced team of mental capacity solicitors are national leaders in mental capacity disputes.

We have been involved in a number of the leading mental capacity case, including the landmark Cheshire West Supreme Court case, in which we represented the mother of the man at the centre of the proceedings.

We are regularly instructed by the Official Solicitor, Independent Mental Capacity Advocates (IMCAs) and care organisations, who come to us because they trust our dedication and expertise in this field.

Our expert lawyers have experience in mediation and in negotiating solutions in hotly disputed cases, both inside and outside the Court of Protection. As a full service law firm, we also offer a wide variety of other services that can be helpful for individuals with reduced mental capacity, such as a representation in healthcare and human rights disputes or help with personal injury trusts.

What Is a Welfare Deputy?

A welfare deputy can be appointed to make decisions about medical treatments, living arrangements and other welfare issues on behalf of someone else. You can apply to be someone’s welfare deputy if they don’t have the mental capacity to make these decisions themselves.

A welfare deputy must comply with the MCA when making decisions. This includes consulting with others and attempting to reach an agreement about what is in the person’s best interests.

If you’d like to learn more about being a welfare deputy for someone you know, please talk to our experts on 0800 028 1943.

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