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Home > How we can help > Court of Protection – How we can help

Court of Protection – How we can help

Useful pages

  • Glossary of Court of Protection terms
  • How a brain injury can lead to a deprivation of liberty and what this means for the family of someone with a traumatic brain injury
  • Help, I’ve been asked to be a deputy! What next?
  • Personal injury claims and the importance of establishing mental capacity
  • The 5 Key Principles of the Mental Capacity Act

The Court of Protection is a specialist Court which protects and supports vulnerable people who are unable to make decisions for themselves about their finances, property and personal welfare due to lack of mental capacity. A person who lacks mental capacity is often referred to as a Protected Party or P.

If found to lack capacity, the Court of Protection appoints Deputies to act on behalf of P. There are two types of deputy, a property and finance deputy and a health and welfare deputy. Further information on the role of Deputies and the Court of Protection can be found here.

Appointing Deputies

A formal application must be made to the Court of Protection for the appointment of a Deputy. A Deputy can be anyone over the age of 18, who is not bankrupt, and are usually a close relative or friend of P who is able, and willing, to make decisions on behalf of P. However in cases where there has been a large compensation award as a result of a brain injury, it may be more appropriate to appoint a professional deputy who has the expertise in dealing with such cases as there could be complex financial matters to be managed.

It is usual for there to just one Deputy, but it is possible for there to be two people appointed, either jointly (where decisions must be taken together), or jointly and severally (where decisions can be taken together or separately).

The process of appointing a Deputy can take several months to process and fees are payable to the Court to consider the application and to process the Order. The Order will set out what the Deputy can and cannot do.

Brain Injury Group members can assist with the application to the Court of Protection for the appointment of a Deputy, as well as acting as Professional Deputies to people with acquired brain injuries.

Lasting Powers of Attorney

A Lasting Power of Attorney (LPA) is a document which an individual can put in place whilst they still have mental capacity, which sets out who they would like to take control of their affairs in the event that they lose mental capacity in the future, as a result of an accident or illness. There are two types of LPA, a health and welfare LPA which will allow you nominated person to make decisions on your behalf about such things as your medical treatment, where you should live and end-of-life choices, The second type is a property and financial affairs LPA which will allow your nominated person to make decisions about your finances, property and other assets owned by you.

An LPA can be set up by anyone over the age of 18 who has the mental capacity to do so. Whilst an LPA can be set up by the individual without the need to instruct solicitors, its important to ensure that mistakes are not made which could cause your application to be rejected. Our member law firms can assist with the preparation of Lasting Powers of Attorney.

How we can help

Our specialist member law firms can assist in the following areas:

  • applications for those who wish to apply to be a deputy
  • ad hoc advice for deputies to assist with annual returns or complying with other Court obligations
  • acting in contested applications to the Court of Protection
  • objecting to other applications that are being made
  • ongoing Court of Protection matters
  • best interests and deprivation of liberty
  • Lasting Powers of Attorney
  • Statutory Wills
  • Completion of tax returns for deputy clients
  • Estate planning and trusts
  • Expert witness statements (costs) as part of a personal injury or clinical negligence claim.

Find a Court of Protection Specialist

You can find a specialist Court of Protection member law firm in our Court of Protection directory.

Find a Court of Protection specialist

Find a Court of Protection specialist with the area of expertise you are interested in:

  • Financial Deputyships
  • Health and Welfare Deputyships
  • Expert witness statements (costs)
  • Local Authority care services and funding
  • NHS Care funding
  • SEN Applications and appeals
  • Estate planning and trusts
  • Completion of tax returns for deputy clients

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Choosing the right legal adviser

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A brain injury can change a person’s life significantly – and that of their family. Many injuries are unfortunately the responsibility of a third party, in which case there may be the potential to make a claim for compensation. A successful claim could go a long way towards supporting a rehabilitation programme, or providing long term care, or simply easing the financial burden caused by changed circumstances.

If you think you have a claim, speak to several lawyers and ask lots of questions before you instruct anyone; you need to find someone you can relate to. When you speak to any one of our network members, you can be confident that they have a track record of handling brain injury cases and appreciate all the complexities.

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Time is running out to join our webinar on 13 April at 11.30 am featuring Dr Tracey Ryan-Morgan, Consultant Clinical Neuropsychologist who will be speaking about frontal lobe paradox. Free for members, charities and NHS, fees apply to non members.
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Looking for a specialist case manager to assist clients with a brain injury? Visit our directory to find details of case managers across the UK, including our member case managers, who all benefit from access to our training to enhance their knowledge https://t.co/3A36qOXiDr https://t.co/1KCLD89GAT
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Last chance to join our webinar on frontal lobe paradox on 13 April at 11.30 am. Full details on our website - free access for member firms, £29 + VAT for all others - book now to secure your place! https://t.co/SQP6hL2ruj
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It’s great to have so many members signing up for our child brain injury event on 5/10 in Milton Keynes-places are limited so book soon. If you’d like to know more about law firm membership which includes free access to our training email enquiries @braininjurygroup.co.uk https://t.co/zpaAGLNkOG
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