Court of Protection and Trusts

Many people who suffer from a head injury want to retain their independence and control of their affairs and they can do with rehabilitation can help with this. If however you are still experiencing problems as a result of your injury, you might need support to help you with your financial matters, particularly if you are awarded a large sum which will be spent on long term expenses such as care costs.  

Assessing mental capacity

The UK has passed new laws to ensure that everything reasonably possible is done to help people with acquired head or brain injuries make their own decisions (this is called the Mental Capacity Act 2005). The idea is that a person should be helped to make their own decision before anyone else is authorised to make decisions on their behalf.

If however it is not possible for you or your loved one to make decisions about money due to the severity of ongoing head injury problems, we are able to provide a specialist service to help set up an arrangement with a body known as the Court of Protection, who will manage financial funds for our clients. The Court will, if it is clear that such help is needed, appoint someone known as a Deputy to look after funds on a day to day basis.

Our Court of Protection team

We have a very experienced professional Deputy team who have helped to look after several millions of pounds of compensation awarded to our clients over the years. Our team can offer help in applying to the Court of Protection as well as acting as Deputy in appropriate cases. The Deputy is under a responsibility to act in the best interests of the person who needs their help with managing money. Our team has built up considerable experience and skill in looking for solutions for each of our clients and their particular needs so that their funds can be applied in best way to their advantage.

Personal injury trusts

For many of our clients, the role of the Court of Protection is not needed but you might still benefit from setting up a special arrangement known as a Special Needs Trust (or personal injury trust). This enables a personal injury claimant to place compensation into a special trust account which must be jointly managed with a relative, friend or professional trustee. We have over the years set up numerous trusts for our clients, and have tailored our services to be sensitive to the needs of clients with a head injury.

Services for new clients

Even if our legal teams have not helped you to secure your compensation, you might still be able to get help from our court of protection and trusts team, but don’t delay as financial arrangements need to be secure and sorted as soon as they can be.

Contact us today using our enquiry form or call us on 0800 9174 199 if you would like to learn more about the service which we offer.

» Learn more about Special Needs Trusts in our Guide

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