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Understanding Health and Welfare Orders

View profile for Nichole  Giddings
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Longmores Solicitors has a wealth of experience advising the parents of children with disabilities on the legal issues that can arise when their son or daughter moves from paediatric to adult care.

The transition can present challenges for families, who may need legal advice on how an Application to the Court of Protection for a Health and Welfare Order can give them the authority to make healthcare decisions for their child after they become a young adult. Without such an Order in place, a parent or member of the family has no legal right to interfere which that young adult’s care. 

Generally speaking the local authority do often speak to the parents but if officials make a decision that the parents do not agree with, then the only way the parent can seek to challenge it is through the Court of Protection.

Given that parents will know their child better than any local authority, many will want to have continued input in relation to their care.

Obtaining a Health and Welfare Order on its own can be very difficult.  A lot are being refused because the Court does not like to take away someone’s right to look after themselves unless absolutely necessary.

Parents therefore need to make as comprehensive a case as possible with specialists’ and carers’ input, before making an application.

In a similar way, of course, that young adult may need financial assistance both in relation to applying for additional services and benefits and protecting their assets in the future.

At Longmores Solicitors, we specialise in both these Applications.

Longmores’ specialist, Nichole Giddings, from the firm’s Private Client Department, can advise on making an application for a Health and Welfare Order and regularly gives talks to carers and families across the Hertfordshire area. For more information please contact her on 01992-300333.

 

 

Please note the contents of this blog are given for information only and must not be relied upon. Legal advice should always be sought in relation to specific circumstances. 

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