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This article was published on June 18th, 2020
A Court-appointed deputy plays an essential role for those who have suffered a severe personal injury and in this blog post, Andrew Dowd, a Solicitor in our Catastrophic Injury department, reveals the responsibilities of a Court-appointed deputy and how we can help if you require one.
One aspect of larger personal injury cases is that in some matters the injured party may well have suffered an injury to the brain which means that they are no longer able to manage their financial affairs.
This is known as loss of capacity.
Whether somebody has capacity or not is both a medical and a legal test. The criterion is set out in the Mental Capacity Act 2005.
There are two bodies which are involved should a person lose capacity.
The first is the Court of Protection who will determine whether that person has indeed lost capacity to manage their financial affairs and once the Court has decided that it will appoint a Deputy to manage those affairs for the injured person.
The Deputy is supervised by the Office for the Public Guardian to whom the Deputy reports on all matters pertaining to the financial welfare of the injured person.
A Court-appointed Deputy will effectively take control of all the finances of the injured person and insure amongst other things:
For example, I have a client whose life had become mundane as a consequence of his injuries including a brain injury, resulting in him requiring 24-hour care.
Nevertheless, we have been able to restore him to being an accomplished downhill skier, an activity he enjoyed prior to the accident and which he had not been able to access since his life-changing injury.
It is also a Court-appointed deputy’s responsibility to look after the investments of the injured party’s personal injury award to ensure that it provides sufficient ongoing income to provide for the persons’ ongoing needs.
The Deputy also protects this person from being exploited and the money being dissipated against their best interests.
Typically, persons that have lost capacity are extremely vulnerable people.
A Deputy manages all the person’s financial affairs including producing annual accounts and reports dealing with administrative tasks, paying invoices and managing bills.
They will also deal with the sale, purchase or adaptation of any property etc that they may require following their injury.
I personally have considerable experience as a court-appointed deputy and our team will be able to support you should you need a court-appointed deputy.
Our Catastrophic Injury team here at Thorneycroft Solicitors are highly experienced and will be happy to provide advice and guidance regarding the Court of Protection, applying for Deputyship or the role of a professional Deputy.
You can rest We will take you through the process and assist in establishing the best circumstances for you and your family.
To speak to a member of our team please call 0800 1979 345 or complete our online enquiry form by clicking here.