No one chooses to have an accident or to suffer ill health to the point that they are unable to manage their own affairs, but it’s not unusual for a brain injured person to need the support of others to act on their behalf.
Some people may already have a power of attorney in place giving authority to a loved one to help them in these circumstances; the majority of people will not.
In this situation, the Court of Protection can be called on to appoint a deputy to look after the affairs of the injured person. The Court of Protection exists to safeguard the interests of people who don’t have the capacity to make particular decisions. A deputy can either be a professional adviser or a close family member or friend (known as a lay deputy).
Court appointed deputies are then responsible for the management of the affairs of the person who lacks capacity; it’s not a task to be taken lightly.
Deputies are regulated and monitored according to the requirements of the Mental Capacity Act 2005 and the Court of Protection requirements.
In cases where someone has an acquired brain injury a professional deputy is often chosen because of their expertise. This is particularly relevant where someone may be making a claim for compensation which could result in a significant award and complex financial matters to be managed.
Find out more about appointing a deputy with our useful information sheet available below:
Appointing A Deputy FAQ (211.8 KiB)
Your solicitor will be able to explain the options available to you. Several of our member firms have particular experience in working with families in this situation, and you can find out more here.
The Court of Protection only has jurisdiction in England and Wales. If a person living in Scotland does not have mental capacity, an application may be made to the Sheriff Court for the appointment of a Financial Guardian in relation to their property and financial affairs, and a Welfare Guardian to make decisions about such issues as medical treatment, care and accommodation.
Find out more about capacity and the Court of Protection here.
How can the Brain Injury Group help you?
If you’ve been affected by brain injury and need free legal or welfare advice, there are several ways to get in touch:
- Call us on 0800 612 9660 or 01737 888571
- Email us at email@example.com
- Complete this short enquiry form and we’ll get back to you