By Tony Johnson - 17 Feb 2019
The Protection of Personal and Property Rights Act 1988
allows the Court to appoint a "welfare guardian" for a person who
has lost the capacity to make decisions for themselves in relation
to their personal care and welfare. Generally, only one person may
be appointed as a welfare guardian. The commonly known exception to
this was where there are "exceptional circumstances" which satisfy
the Court that it would be in the interests of that person to do
so. However, on 14 November 2018, this test changed.
The Courts are now able to appoint more than one welfare
guardian where it is considered to be in the best interests of the
person who has lost capacity. There is no longer reference to
"exceptional circumstances" which appears to be a lower threshold
than what was previously required.
We anticipate that it will no longer be necessary to prove that
a person's circumstances are particularly unusual in order to be
able to qualify for two welfare guardians. It may be sufficient for
the appointment of two jointly appointed welfare guardians to show
that it would be more practical for both applicants to be
appointed, where for example, both people have been involved in
that person's care and welfare for several years.
There is not yet any case law explaining what the difference may
be, but the writer is currently applying for an order for two
welfare guardians to be appointed and will keep you updated.
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Tony
Johnson