I have a client who will be applying for a finance deputy order in due course. She also wishes to apply for a welfare order at the same time as P lacks capacity to make any decisions herself. Specifically, she will need to go into care soon and she will receive some medical treatment in due course also so D would like to be part of those decisions.
It is my understanding that the COP doesn’t like to issue general welfare orders and it could be that a request for the above is rejected. Does anyone know of any other route open to D or is a court deputy order the only way?
I applied for a couple of welfare orders a few years ago and they were both rejected. I think historically that was very much the case. However I have had two applications accepted this year. Both were for younger clients with learning difficulties and I think it is still the case that a deputyship for an older client may be less likely (the court seems to feel that s3 of the mental health act should be sufficient.
However if you can show the court a specific reason why a deputyship for health and care is appropriate it can be achieved.