Health and welfare decisions on behalf of incapacitated clients: who calls the shots?

Director and Head of the Court of Protection Team at EMG Solicitors Jemma Morland talk about how to deal with health and welfare decisions to be made on behalf of a client who lacks capacity following a serious injury.

Interviewed by Emma Lyons, Personal Injury Senior Associate at Stewarts.

Jemma provided important insight into:

• How to identify when a client needs input in relation to health and welfare decisions;
• Who should be consulted and nominated to deal with such decisions;
• Whether a health and welfare Deputy appointed by the Court of Protection is required (and whether it will be granted by the Court);
• What the alternatives are; and
• How to deal with disputes.

In 2014 Jemma set up up EMG Solicitors Ltd alongside Emma Gaudern and is currently a Director of the firm. Jemma leads the Court of Protection department, working as a Solicitor specialising in all matters pertaining to the Court of Protection and Trust administration. She ordinarily represents clients who are incapacitated, as defined by the Mental Capacity Act 2005, and often acts as a professional deputy and trustee. Jemma has a varied caseload and manages the affairs of a large number of vulnerable people, usually those who have lost capacity due to an injury at birth, catastrophic accidents, illness, or learning disability.

Contact Emma Lyons on elyons@stewartslaw.com if you have any queries on this subject

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