Personal Welfare Deputyships: What the Re HB Court of Appeal Decision Means for Families

Personal welfare deputyships: what the Re HB decision means for families

The Court of Appeal has provided important guidance about when a family member may be appointed as a personal welfare deputyship for someone who lacks capacity to make certain decisions.

Families often play a central role in caring for and supporting a loved one who cannot make decisions about their care, treatment or living arrangements. However, it has not always been clear when a parent or other close relative should be formally appointed by the Court of Protection to make those decisions.

The recent decision in Re HB (Appointment of Personal Welfare Deputy) [2026] EWCA Civ 960 confirms that, in appropriate circumstances, appointing a family member as a personal welfare deputy may be in the best interests of the person who lacks capacity.

What is a personal welfare deputy?

A personal welfare deputy is appointed by the Court of Protection to make specified welfare decisions on behalf of a person who lacks capacity to make those particular decisions themselves.

Depending on the terms of the court order, these decisions may concern:

• where the person lives;
• their care and support;
• contact with other people;
• medical or dental treatment; and
• participation in work, leisure or social activities.

The deputy’s authority will be determined by the court and must be exercised in accordance with the Mental Capacity Act 2005. Decisions must always be made in the person’s best interests and in the least restrictive way reasonably available.

Personal welfare deputyships remain less common than property and financial affairs deputyships. Many welfare decisions continue to be made collaboratively by families, care providers, health professionals and local authorities without a formal deputyship order.

However, Re HB confirms that a formal appointment may be appropriate where it would better support the person’s welfare, wishes and participation in decision-making.

What happened in Re HB?

HB is a young autistic adult who is non-verbal and has complex and individual care needs. His parents had developed a detailed understanding of his communication, routines, behaviours and preferences.

They applied to be appointed jointly and severally as HB’s personal welfare deputies so that they could continue to support decisions concerning his care and welfare.

The Court of Protection initially refused their application. However, the Court of Appeal allowed the parents’ appeal and concluded that they should be appointed as personal welfare deputies for a wide range of care and welfare matters.

The case was returned to the Court of Protection to determine the precise scope and duration of the deputyship order.

Why is the Re HB decision important?

The Court of Appeal confirmed that there should not be an artificial barrier to appointing a personal welfare deputy.

The central question remains whether the appointment is in the best interests of the person who lacks capacity.

The judgment identified several features which may support an appointment:

• The proposed deputy has a special relationship with the person and a particular ability to understand or communicate with them.
• The appointment would help ensure that the person’s wishes, feelings, beliefs, values and individual preferences are properly reflected.
• A series of welfare decisions is likely to be required, rather than one isolated decision.
• The person is moving from children’s services into adult services.
• Public bodies have failed, or may fail, to apply the Mental Capacity Act properly, particularly by failing to consult the family.
• Decisions may need to be made promptly in response to changing circumstances.

These are not a fixed checklist. Every personal welfare deputyship application must be considered according to its own facts.

Can a personal welfare deputy challenge decisions made by public bodies?

A personal welfare deputy can play an important role in gathering information, representing the person’s wishes and making decisions within the authority granted by the court.

However, deputyship does not allow a family member to force a local authority, NHS body or other organisation to create or fund a particular care or residential option. Decisions concerning public funding and available services remain subject to the relevant public law framework.

The Court also cautioned that failures in communication or consultation will not automatically justify appointing a deputy. The court must still be satisfied that the appointment is necessary, proportionate and in the person’s best interests.

What does the decision mean for families?

Re HB is a reassuring development for families who have detailed knowledge of a loved one’s needs, communication and preferences.

The judgment recognises that appointing a suitable family member may sometimes enhance, rather than diminish, the person’s participation in decisions and their ability to influence the course of their life.

This may be particularly relevant where:

• several important welfare decisions are expected;
• the person has complex communication needs;
• care providers or professionals change regularly;
• the person is transitioning into adult services;
• services have not consulted the family appropriately; or
• existing informal arrangements are not working effectively.

When might an application be worth considering?

A personal welfare deputyship application may be worth considering where there are regular or significant decisions to be made and a formal appointment would provide a clear benefit to the person concerned.

Evidence will be important. The Court of Protection will need to understand:

• why the proposed deputy is suitable;
• the person’s wishes and feelings;
• the decisions likely to arise;
• any difficulties with current arrangements; and
• why a deputyship would be in the person’s best interests.

The court may limit the deputy’s authority to particular decisions or grant the appointment for a defined period. This ensures that the order is no wider or longer than reasonably necessary.

Speak to our Court of Protection team

Every family’s circumstances are different. If you are considering a personal welfare deputyship or are experiencing difficulties with decisions about a loved one’s care, treatment or living arrangements, our Court of Protection team can advise you on your options.

Contact a member of our Court of Protection team to arrange a confidential discussion.

This article is intended for general information only and does not constitute legal advice.

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