Herrington Carmichael have been retained to advise the parents of a young man who suffers with significant learning disabilities along with various other diagnoses.
What is the challenge?
The family’s son suffers from significant learning disabilities alongside a number of diagnoses, including non-verbal autism and epilepsy. He has recently turned 18 and has no prospect of being able to understand or make complex decisions relating to his finances, care, and welfare.
The family needed legal authority to assist their son with complicated medical decisions and appointments, ensure he could be properly cared for, and provide long-term management of his affairs.
What is our approach?
Herrington Carmichael was instructed to apply for Deputyship Orders for both Property and Affairs for Health and Welfare matters.
The team prepared the Deputyship applications and drafted detailed witness statements in support of the Health and Welfare application. This included relevant information from the young man’s Education, Health and Care Plan (EHCP) to demonstrate the need for the order.
The applications also sought the appointment of the young man’s parents and his elder brother as Deputies, providing a long-term solution to support the ongoing management of his affairs and welfare.
What is the current position?
The applications were submitted and the Order for Property and Financial affairs was granted in the usual way. The Health and Welfare Order was not granted initially, and we were retained to make an appeal to the Court of Protection in respect of the same.
Further detailed drafting and additional witness statements finally allowed the Court of Protection to be comfortable that the Order was necessary and it was granted.
Graeme Black, Partner said: “This type of work is becoming much more common for our team and demonstrates the importance of ensuring that vulnerable individuals and their families have the legal support they need to make decisions in their best interests and safeguard their future, we were thrilled to get this over the line and the family were delighted.”
