There is a well founded belief that the Court of Protection is reluctant to appoint health and welfare deputies. It was therefore perhaps surprising that in the case of Re GMP Senior Judge Lush appointed an applicant property and affairs deputies as her mother's health and welfare deputy without her making a specific application.
However, on looking at the detail of the case it was clear that the person who lacked capacity had many of the characteristics of clients for whom I have made successful health and welfare applications. GMP has an on going condition that means that several health and welfare decisions need to be made on her behalf on a daily basis. In his judgment Senior Judge Lush made it clear that he was dealing with what was a pressing matter in the best interests of GMP.
By making the appointment under section 16(6) I consider that I am giving effect to the overriding objective by dealing with the matter expeditiously and proportionately and by saving expense.