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 130 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.