Capacity and Court of Protection

Our specialist team has established a significant reputation for advising and assisting individuals, their families, carers, trustees, beneficiaries and other professionals on a broad range of issues relating to personal injury trusts, capacity and deputyships.

Where an individual is compensated for a personal injury, there may be substantial funds awarded. These will require skilful management in order to provide the care and support needed for the duration of the lifetime of that individual. We have extensive experience in managing high-value compensation awards for personal injury.

Many of our clients may lack capacity to handle their own financial affairs. This may arise from an acquired brain injury, or in the case of children they may be considered unlikely to have that capacity when they reach the age of 18. Our team provides the comprehensive service required to set up and manage deputyships within the Court of Protection. We can act as professional deputies and assist with Court of Protection procedures where the deputy is a family member.

We work closely with both the individual and their family to establish long-term relationships and to ensure all decisions are made in the best interests of the  individual. Our aim is to relieve the pressure of financial decision making from family members, enabling them to continue to make the key choices and to support their relative on a day-to-day basis.

Where the compensated individual has capacity to manage their own financial affairs, we can set up personal injury trusts and also provide ongoing professional trustee services for the protection of the compensation award.

We offer expert advice on:

  • acting as a professional deputy for property and financial affairs
  • assisting with applications to the Court of Protection for the appointment of a lay deputy
  • the legal requirements of the Mental Capacity Act 2005 and the Code of Practice for lay deputies including decisions relating to an individual’s personal welfare
  • applications for statutory wills
  • preparation of personal injury trusts
  • preparation of disabled person’s trusts

Click here for more information on capacity and Court of Protection.