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Acting as a Professional Deputy for clients with a brain injury

Last week marked Action for Brain Injury Week. The annual event, run by charity Headway, aims to raise awareness of all aspects of brain injuries.

Rothera Bray’ specialist deputyship team act for a significant number of clients with brain injuries – supporting those clients and their families – but what does it mean in practice to act as a professional deputy?

Written by
Ruth Tarr, Senior Associate Solicitor in our Wills and Probate team
Ruth Tarr
Senior Associate Solicitor

These clients have often suffered life-changing injuries following an accident and have been awarded large sums of compensation which they do not have the mental capacity to manage. It is common in these cases for a professional deputy to be appointed to support these individuals to manage their award over their lifetime.

What does it mean in practice? Well, no two clients are the same.

As a deputy it is critical that you get to know your client well and build a strong relationship with them, their family, and their support network. We work closely with all these people throughout a client’s life.

A typical day in the life of a professional deputy can involve:

  • Catching up with clients and/or their family to see how they are, and if there is anything they need;
  • Paying for expenses for clients, and checking these are reasonable and proportionate;
  • Liaising with financial advisers to ensure that clients’ funds are invested appropriately and performing well;
  • Ensuring clients are receiving any welfare benefits and state support that they are entitled to;
  • Liaising with a clients’ wider support network – case managers, social workers, therapists to check the client has the correct level of support in place and whether they have any need for specific equipment/therapy;
  • Attending to any property requirements – purchasing, selling or arranging specialist property adaptations for our clients;
  • Considering a clients’ estate planning requirements – is our client able to make their own will? If not, should we consider a statutory will? This is a will put in place by the Court of Protection for people who lack mental capacity;
  • Anything else that crops up! Acting as a deputy involves a lot of variety, and no two days are ever the same.

Ultimately, it is a privilege to act for these individuals and to have a hand in supporting them and their families over the years. All of these clients have experienced serious adversity, and it is highly rewarding to play any part in their recovery and rebuilding of their lives post-injury.

At Rothera Bray we are specialists in acting as professional deputy, and our Deputyship and Personal Injury teams work closely together to ensure the best possible outcome and ongoing relationship for our clients.

If you require any advice on this article, please contact Ruth Tarr, Senior Associate in the Mental Capacity and Court of Protection department on 03456 465 465 or email enquiries@rotherabray.co.uk.

 

Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers

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