Lawyer Monthly - September 2023

EXPERT INSIGHT 45 asked if they have a health and welfare lasting power of attorney in place for their child. With the answer invariably being no, the consultant or GP will then inform them that they sadly no longer have any legal authority when it comes to the health and welfare of their child. In this scenario, any healthcare professional will always make any such decision in the best interests of the disabled young adult. However, what happens if a parent has a different view from that of the healthcare professional? This is when the Court of Protection is likely to be required in respect of a deputyship order for health and welfare. How is a young person’s decisionmaking capability assessed in the UK? Under what conditions might they be considered incapable or only partly capable of making decisions in their best interests? If there is any doubt as to a person’s capacity to make a certain decision or carry out an act, then some form of an official capacity assessment should be undertaken. For the purposes of the Court of Protection, a COP3 assessment The Act is a law that protects vulnerable adults around decisionmaking.

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