I was relieved, but saddened, when I received recent corroboration of the views I expressed in a blog-post in January, on the difficulty in obtaining Deputyship for Personal Welfare from the Court of Protection. Alex Ruck Keene, barrister at the London chambers 39 Essex Street , and an expert in the Mental Capacity Act, spoke at the Rescare members’ meeting on 27th May. Whilst answering questions from members, Alex confirmed that Deputyship for Personal Welfare is very rarely granted; I believe he described the Court as being ‘extremely reluctant’ to grant this form of deputyship. One member at the meeting revealed that he and his wife had been granted Joint-Deputyships for Property & Affairs and for Personal Welfare; he was described as ‘an exception’ and ‘a rarity’.
Please bear the above in mind if considering an application to the Court of Protection for Deputyship for Personal Welfare. (Applications for Deputyship for Property & Affairs are much more likely to be successful). Applications can be time-consuming, and expensive – especially if you use the services of a solicitor to assist with the application.