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12 May 2017 | Comment | Article by Cari Sowden-Taylor

Court of Protection For Brain Injury – Brenda Borg’s Video Case Study

Brenda was working a split shift on a day that changed her life forever. When she walked back to work between shifts she was struck by a car while crossing the street.

Brenda sustained injuries to her legs and her head. Even though she spent 12 days in a medically induced coma, she still ended up with a brain injury. Skin grafts helped her leg recover but her brain injury has had lasting effects. She struggles to climb stairs, can’t have a bath by herself and has memory issues. She also doesn’t go out of the house unless she absolutely has to.

Brenda’s family has been very supportive but even they don’t really understand how difficult this experience has been for her because they can’t know how it feels to lose your independence or how hard it can be to maintain a positive attitude despite the daily struggle. The brain injury charity Headway has been invaluable to Brenda’s recovery by providing counselling and opportunities to make friends with others who have had similar experiences.

In cases of brain injury claims where the claimant is unable to manage their finances, a deputy is assigned by the court of protection to act on their behalf. Due to her brain injury, Brenda was made a ward of the court and she was assigned a deputy to look after her finances. Hugh James acts as Brenda’s deputy. She is sure that without the help of her Hugh James Court of Protection deputy, she would have spent her settlement money and would really struggle now. Instead, her money was well invested and Brenda is able to lead as comfortable a life as is possible.

Despite all of her struggles, Brenda has been able to persevere. She knows that she isn’t the same mother or grandmother but with the help of her Hugh James Court of Protection deputy, she knows that she will always be there for her family.

Author bio

Cari is a Partner and Joint Head of the National Serious Injury Team, and specialises in representing adult and child claimants who have sustained life changing injuries such as traumatic brain injuries, spinal injuries, limb loss and polytrauma following road traffic collisions, injuries at work and assaults.

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