Welfare Deputy Application

I have clients, Mr and Mrs A, who have two children (X and Y). Both are well into adulthood. My clients are beyond retirement and in only reasonable health.

X has severe learning disabilities and physical disabilities and will in due course move from the family home into a shared home with three others with similar needs.

Clients have been told by Social Services that they need to be attorney for X, hence the approach to me. X cannot give power of attorney, and there is no need for a financial deputy as there are assets belonging to X (other than an eventual share of clients’ estates which i am dealing with by way of a discretionary trust).

Y has always been involved in X’s welfare, and supported clients in promoting X’s best interests. Client wish to have formality to the arrangement so that in the event that they lose capacity/die, Y will be able to continue to have oversight of X’s care, and make decisions in her interests.

I have an impression that the COP does not like appointing welfare deputies, but does anyone have any suggestion as to whether they would entertain such an application? There is no particular issue with social services or care, but there have been a few minor disagreements over the years that could have been avoided if a deputy was in place.

Any comments welcome. Many thanks

Damian Lines,
Rubin Lewis O’Brien,

Presumably Social Services can be appointee for welfare benefits and no other ‘free’ assets to deal with, parents are next of kin for health decisions while they are alive/capable and Y thereafter. Why do SS say they need an attorney?
Could an attorney or deputy make any decisions the next of kin cannot?

Iain Cameron
Acer Legal