The court of protection
If an individual suffers a brain injury, and they do not have the mental capacity to manage their own legal affairs, their affairs will be overseen by the Court of Protection.
What is the Court of Protection?
The Court of Protection is the specialist court which makes decisions for those people who lack mental capacity, in order to ensure their best interests..
What does the Court of Protection do?
The court deals with a variety of legal applications including:
Decisions on a person’s welfare
Applications to become a legal deputy
To sell jointly owned property
To make a will or gift on a person’s behalf
To cancel, or object to, the power of attorney
Sometimes, the court of protection process can be long winded and complicated; not to mention expensive. The process by which legal decisions are made is the same for any size of claim, whether it concerns a small fund or a very large settlement.
Dealing with the Court of Protection can be complicated and daunting, however there are a number of partners at Moore Blatch who will act as the injured party’s Professional Deputy and will deal with the Court of Protection for the injured party and their family. Deputies are appointed by the Court of Protection to manage the finances of the person lacking capacity, and act in their best interests.
Having Professional Deputies in place will relieve the strain of having to make important financial decisions from the family of the injured person.
At Moore Blatch the partners of firm acting as Deputy have years of experience acting in this role, and they have the support of a team of specialist Court of protection solicitors. Moore Blatch’s deputies will always work closely with the injured party and their family in the making of decisions.
The decision as to whether the injured person lacks capacity is not one that is made lightly and this issue will be considered very carefully by the relevant medical experts, and with reference to close family members.
Moore Blatch solicitors will ensure that the initial and ongoing costs associated with the Court of Protection are recovered as part of the claim, so the involvement of the Court of Protection will not reduce the amount of compensation the injured party receives.
Call us for more advice on brain injury claims today
If you, or somebody you know, has suffered a traumatic brain injury in an accident which wasn’t your fault, Call Moore Blatch Solicitors today for the legal advice and practical support you need.