The default position of the law is that, unless proven otherwise, all people have the right and the capability to make decisions regarding their own best interests. Unfortunately, in some cases of brain injury it may become apparent that a person may no longer have this capability. Where this is the case, deputyship solicitors will need to make an application to the Court of Protection for the appointment of a deputy.
The deputy’s role is an important one and requires a great deal of responsibility. This is because it involves ensuring that the injured person’s wishes and interests are respected and followed in making decisions regarding matters such as finances and personal welfare.
A deputy can be a family member, a friend or one of a team of specialist deputyship solicitors.
There are advantages to appointing a professional to the role, not least because it guarantees professionalism and impartiality.
Other advantages include the benefit of the solicitor’s specialist knowledge of related areas, such as trusts, inheritance tax, wills and tax planning.
Deputyship is often necessary following high-value brain injury compensation claims. Fortunately, when such cases are resolved, settlement will include provision for the cost of retaining a professional deputyship solicitor.
At George Ide LLP we have specialist experience in deputyship cases relating to high-value personal injury claims but can assist and advise in all other matters related to deputyship, such as applications to the Court of Protection.
Call our deputyship solicitors team in Chichester for further advice or use the contact details on this page for further information.