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Court of Protection following a personal injury claim

Our probate team is frequently instructed by family or parents who have appointed our personal injury team. Sometimes the person who has suffered a serious personal injury is not able to manage their own finances and compensation awarded or make the optimal decisions for themselves and therefore Court of Protection is required.

Where this is the case we as solicitors can be appointed as Professional Deputies or we can advise the person likely to look after the person's affairs on all aspects of Court of Protection. The Court of Protection's primary role is to protect those who cannot manage their own decisions and finances in their best interest. Additionally it seeks to regulate those that are appointed to look after a vulnerable person's finances.

 

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Court of Protection and Compensation

The Court of Protection will only become involved if someone is making a personal injury claim and they lack capacity so an application to the Court of Protection is made.

If you are appointed as a deputy for an individual by the Court of Protection then you will be legally able to act in the interests of that person. This means that you can assist to secure compensation following a personal injury for them by being the person we contact regarding their claim.

If compensation is awarded then a personal injury trust may be required to protect the compensation awarded from being means tested and accessed incorrectly. A personal injury trust requires a minimum of 2 trustees but these could also be the same people as the Court of Protection deputies.

Our experience - Court of Protection

We have been carrying out Court of Protection work on behalf of vulnerable people and appointed individuals for in excess of 30 years. We are also regularly appointed by local authorities which is testament to our skills in this field. We can help our clients in the following ways very much depending on individual circumstances.

  • We can assist the families and parents of those who have suffered a personal injury by making applications to the Court of Protection to become a receiver
  • Acting as independent professional receiver for mentally incapacitated persons
  • Assisting non-professional receivers in their role and obligations to the court
  • Advice and assistance with annual accounts required by the Court of Protection
  • We deal with Court of Protection cases from a best interest perspective and would welcome the opportunity to discuss how we can assist.

If you would like further information on how we can help you, please call us on 0161 696 6235 for a no obligation initial chat with one of our advisors. We have a team of friendly and approachable advisors who are waiting to take your call. They will talk to you about your situation without using legal jargon and they will do their best to make you feel comfortable and at ease. If you don’t want to call us initially you can contact us at a time most convenient to you, anytime of the day or night, through our online enquiry form and we will get back to you as soon as we can to see if we can help.

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