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Preserve it and save: how conditional exemption can protect your heritage... and your wallet
Charles Richardson
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CoP Talks: Empowering minds, protecting lives - Introduction to capacity and CoP (Part 1)
CoP Talks: Empowering minds, protecting lives - FAQ’s - What are LPAs? (Part 2)
CoP Talks: Empowering minds, protecting lives - Health and Welfare Deputyships (Part 3)
CoP Talks: Empowering minds, protecting lives - Can a person who lacks capacity get married? (Part 4)
CoP Talks: Empowering minds, protecting lives - When does a Deputy need CoP approval for legal work? (Part 5)
CoP Talks: Empowering minds, protecting lives - What is a Statutory Will? (Part 6)
CoP Talks: Empowering minds, protecting lives - Can an attorney/deputy make gifts? (Part 7)
CoP Talks: Empowering minds, protecting lives - How can a Professional Deputy assist after a Personal Injury? (Part 8)
CoP Talks: Empowering minds, protecting lives - How does a Professional Deputy manage a client’s affairs? (Part 9)
In this podcast episode, we provide an in-depth overview of Health and Welfare Deputyships under the Mental Capacity Act 2005. Key topics include:
- What decisions a Health and Welfare Deputy is empowered to make on behalf of an individual who lacks the mental capacity to make those decisions themselves. This can include choices around living arrangements, care, medical treatment, and leisure activities.
- Who is eligible to apply to become a Health and Welfare Deputy, including the fact that parents lose this authority when their child with incapacity turns 18? We discuss the challenges this can pose for families.
- How the Mental Capacity Act's Section 5 provides some protection from liability, allowing caregivers to make certain decisions without the need for a formal Deputyship.
- The circumstances where the Court of Protection is more likely to authorize the appointment of a ongoing Health and Welfare Deputy, versus making one-off decisions.
- The application process for becoming a Health and Welfare Deputy, including required paperwork and potential fee waivers.
Whether you are supporting a loved one who may require a Deputy, work in health/social care, or are simply interested in this area of law, this podcast offers valuable insights. Gain a better understanding of the powers and responsibilities of Health and Welfare Deputies.
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