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Long term financial planning and the Court of Protection

Compensation awards for brain injuries, spinal injuries or cerebral palsy cases can run to millions of pounds, and most people are unused to dealing with such large sums of money.  We pride ourselves on our long-term relationship with our clients which does not end when we hand over a cheque - we continue to support you after a payment has been made.

Form of award
Your award of compensation can either be paid by way of a lump sum, or a smaller lump sum and annual payments for the rest of your life, particularly if you have on-going high cost care needs. The usual form of award for a cerebral palsy claim is paid by way of a lump sum with annual payments for the rest of your child’s life for costs of care and case management. Your solicitor can help to advise you on the payment structure to meet your needs.

Future costs - long term financial planning
It is important to remember, that the settlement you are awarded will help to support you for the rest of your life. We work with professional independent advisers who can advise on how best to manage your award to ensure future costs are covered. Long term financial planning is necessary to ensure your compensation will cover all your future medical treatments, care, daily living expenses and loss of earnings.

Safeguarding vulnerable clients - Court of Protection
Some of our clients who have suffered a severe brain injury or who are children will be deemed to lack capacity, so the Court of Protection may be involved to assist with the management of their award.  These clients are regarded as protected persons and they will need a Deputy to be appointed.   The compensation award will include the cost of appointing a professional Deputy - who is usually but not always a solicitor.   We can help clients to find a suitable individual to act as a Deputy on their child’s behalf who will have responsibility for dealing with aspects of the case involving the Court of Protection and any financial decisions alongside a recommended financial adviser.

The Court of Protection exists to protect vulnerable people including children who lack the mental capacity to make their own decisions. These decisions can relate to the person’s finances, or their health and welfare.  For those clients with a brain injury who receive large interim payments during their case, we can help the family to identify a suitable Deputy to deal with Court of Protection matters.  When a client’s case has concluded, the Deputy continues to be involved with the family reporting to the Court of Protection when required.

Money award to a child must be paid into Court of Protection until the age of 18 when it is paid directly to that child. If, at the age of 18, a child does not have mental capacity the money will be administered by the Court of Protection.

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We treat all personal data in accordance with our privacy policy.