Court of Protection: Professional Deputy Services

Hugh James is currently appointed by the Court of Protection as professional property and financial affairs deputy for over 120 individuals. We are regularly approached by solicitors, barristers and local authorities to act as property and financial affairs deputy for clients.

The type of clients we are appointed for include (but are not limited to) the following:

Children and young adults who have suffered injuries at birth;
Adults and children who have suffered traumatic brain injuries as a result of accidents or assaults;
Adults and children who have suffered brain injury following inappropriate or substandard medical treatment;
Adults with learning disabilities;
Adults with illnesses such as Alzheimer’s disease.

We also act as professional trustee for a number of clients with large personal injury trusts in place.

Most of our clients have had claims for damages as a result of their injuries in either the civil courts or the CICA (Criminal Injuries Compensation Authority). Large settlements have been awarded as a result of these claims, to include an amount allowed for ongoing Court of Protection and deputyship costs. We become involved as early as possible in the litigation process to ensure that any interim awards are spent on appropriate care and therapy. We regularly see the positive effects that arise from this early therapeutic intervention.

We form lifelong relationships with our clients and their families. We do not act in isolation and we work with case managers and care providers to ensure that decisions are made in consultation with all those involved and are ultimately in the client’s best interests.

We understand the importance of fully engaging the individual concerned in the decision making process if at all possible and are able to tailor our approach to their specific circumstances.

Our role is all encompassing and will involve most, if not all, of the following for each individual:

Managing long term investment of funds;
Purchasing and specialist adaptation of properties;
Employing of a full team of care staff;
Appointing and maintaining an ongoing relationship with a suitable, experienced case manager as well as other therapists;
Dealing with any Court of Protection applications which need to be made on a wide range of issues, including health and welfare issues where required;
Dealing with funding issues that arise, for example NHS Continuing Health Care and Local Authority funding;
Purchasing specialist vehicles and ensuring these are insured, taxed and maintained where necessary;
Purchasing specialist equipment on the advice of the case manager/therapists and ensure this equipment is regularly maintained;
Ensuring a will is in place, including a statutory will if required;
Carrying out investigation into the financial position of a client where required;
Managing various insurance policies (home, car, employment, pet etc);
Managing and ensuring the client is in receipt of the correct benefits;
Agreeing and managing allowances to the client;
Managing requests for funds;
Managing utility payments;
Ensuring correct benefits are received
Managing periodical payments and ensuring they are appropriately indexed
Arranging necessary assessments of capacity
Ensuring completion of tax returns
Completing annual reports to the OPG

This is not an exhaustive list, as every client’s needs are different. We are happy to discuss any queries which you may have regarding our experience.

The Team at Hugh James

We believe that it is very important to have a fully multidisciplinary approach to how we manage our client’s finances. Our team comprises solicitors, a qualified social worker and a qualified accountant. This depth of experience allows us to fully understand our client’s needs, which is key to managing their finances in the best way possible. The team are assisted by a number of specialist Legal Assistants who have built up excellent relationships with our clients and their families, providing a high level of support in a cost effective manner.

Why Hugh James?

Our approach is unique. Our team is multi-faceted including not only legal experts, but experts in social care and accountancy, allowing us to consider our client’s best interests taking into account much more than just the legal point of view.
The team has a nationwide reputation for its deputyship work covering the whole of the UK with offices in Cardiff and London.
The team is recommended nationally by the legal 500 and chambers for their court of protection work with Hugh James being noted to field a team of ‘exceptional and approachable lawyers’ that includes Andrew Harding, who ‘takes a real interest in all of his clients’.
The team currently manage the affairs of over 120 individuals with total assets, to include property and large investment portfolios, exceeding £145 million.
Andrew Harding is particularly highly regarded in this field having first been appointed as a receiver nearly 20 years ago.
Andrew is currently a member of the Court of Protection Court Users Group in London and is also a member of COPPA. Andrew was a member of the Court of Protection Deputies Forum which provided input leading to the implementation of the Mental Capacity Act 2005. He is a Board Member of Headway.
The Brain Injury team at Hugh James is approved as brain injury solicitor by Headway UK, the Child Brain Injury Trust and the Brain Injury group.

Testimonials

Andrew Harding at Hugh James leads ‘a team of experienced solicitors and other support staff who offer a complete package to clients’; his ‘knowledge, experience and manner with clients are second to none. He is also very approachable and trusted by the courts as an expert witness’. The ‘excellent and responsive’ Kate Coles is also recommended. The team, which is notable for its extensive resources in both England and Wales, deals solely with high-value complex cases arising from damages claims.

Legal 500 2017

“They are one of the best and most thorough firms I have worked with in this area. They are always looking out for the client.”

Quote from a client on Chambers and Partners 2017

“[Andrew Harding has] clearly got a lot of experience and he is very clear on the way to proceed.”

Quote from a client on Chambers and Partners 2017

Andrew Harding is noted as having significant experience assisting individuals with acquired brain injuries. He is particularly skilled as a financial deputy, and he often handles complex and high-value cases.

One source says: “He’s fantastic – he’s a good communicator, and is good with the clients.” Another source confirms: “He is just brilliant.”

Hugh James fields a team of ‘exceptional and approachable lawyers’ that includes Andrew Harding, who ‘takes a real interest in all of his clients’.

Legal 500 2016