An Introduction to Health and Welfare Disputes involving High Net Worth Individuals

This book introduces the complexities of health and welfare disputes involving high net worth individuals in the Court of Protection. It begins by addressing common misconceptions about the socio-economic status of individuals involved in these cases and emphasises the importance of understanding the unique challenges faced by wealthier individuals who lack the mental capacity to make certain decisions for themselves. The book serves as a guide for social workers, health professionals, professional deputies, case managers, and private client lawyers, providing insights into the legal and practical aspects of managing health and welfare issues for high net worth individuals. The book presents various topics, including the decision-making authority of property and affairs deputies, the role of lasting powers of attorney for health and welfare, and the intricacies of privately funded care and support arrangements. It highlights the importance of proper documentation and rigorous decision-making processes to avoid disputes, especially when care packages grow organically without state intervention. The book also explores the legal and ethical considerations surrounding privately funded medical treatment, including cosmetic procedures, and the need for best interests decision-making when individuals lack the capacity to consent to treatment. The concept of deprivation of liberty is explored and the mechanisms for authorising such situations, particularly in the context of high net worth individuals. It discusses the role of deputies, the myths surrounding deprivation of liberty safeguards (DOLS), and the importance of ensuring that care and support arrangements are lawful and in the best interests of the individual. The book also addresses the involvement of public bodies in health and welfare proceedings and the challenges of safeguarding high net worth individuals. Finally, the book examines the breakdown of relationships in high net worth families, the risks of predatory marriages and exploitative relationships, and the legal framework for managing these risks. The book concludes with a discussion on the costs of health and welfare proceedings and the circumstances in which the court may depart from the usual rule that each party pays their own costs. ABOUT THE AUTHOR Ian Brownhill is a barrister at 39 Essex Chambers, the Assistant Coroner for Kent and a Recorder sitting in the Family Court. Ian has practiced in the Court of Protection for over a decade and was awarded the Legal 500 Bar Awards junior of the year for Court of Protection and community care in 2023. Outside of court work, Ian trains and lectures in respect of adult safeguarding and mental capacity, he teaches on the Best Interests Assessor Course at the University of Central Lancashire. Ian has appeared in many of the most important recent judgments in respect of mental capacity, this included the decision in JB which was heard in the Supreme Court. In respect of cases involving high net worth individuals, Ian regularly advises deputies and public bodies in this regard. He appeared in the Hinduja litigation and for the applicant in Re BU in respect of predatory marriage. CONTENTS Chapter One – Introduction Chapter Two – The Decision-Making Authority of a Property and Affairs Deputy Chapter Three – Lasting Powers of Attorney for Health and Welfare Chapter Four – Privately Funded Care and Support Arrangements Chapter Five – Privately Funded Medical Treatment, Including Cosmetic Procedures Chapter Six – Deprivation of Liberty Chapter Seven – The Role of Local Authorities and Integrated Care Boards Chapter Eight – Predatory Marriages, Relationships and Friendships Chapter Nine – The Breakdown of Relationships in High Net Worth Families Chapter Ten – Costs in Health and Welfare Disputes in the Court of Protection