Court of Protection and deputyships

The specialist Court of Protection solicitors at Penningtons Manches Cooper have built a strong and respected reputation for advising and providing practical support to individuals, their families, carers, trustees, beneficiaries and other professionals on a broad range of issues relating to personal injury trusts, capacity, deputyships and panel deputyships.

A comprehensive and caring team

Where an individual is compensated for a personal injury, there may be substantial funds awarded. These will require skilful management in order to provide the care and support needed for the duration of the lifetime of that individual. Recognised by both Chambers UK and the Legal 500, our Court of Protection solicitors have extensive experience in dealing with high-value compensation awards of this type.

Many of our clients may lack capacity to handle their own financial affairs. This can be the result of an acquired brain injury or due to Alzheimer’s or dementia, while some children may be considered unlikely to have that capacity when they reach the age of 18. We provide the comprehensive service required to set up and manage deputyships within the Court of Protection. Our solicitors can act as professional deputies and, where the deputy is a family member, assist with Court of Protection procedures.

Our Court of Protection team is on the Office of the Public Guardian’s (OPG) list of panel deputies. We are often appointed by the Court of Protection when no one else is able to act as a deputy for someone who lacks mental capacity, as one of a select group of firms in the country to have been chosen by the OPG to act in this role.

Where the compensated individual has capacity to manage their own financial affairs, our solicitors can set up personal injury trusts and also provide ongoing professional trustee services for the protection of the compensation award.

All members are helpful, prompt to respond and very respectful of our beliefs and opinions.

How we help our clients

Acting as a professional deputy for property and financial affairs

Assisting with Court of Protection applications for appointing a lay deputy

The Mental Capacity Act 2005 and Code of Practice for lay deputies

Acting as a panel deputy

Applications for statutory wills

Preparation of personal injury trusts

Preparation of disabled person’s trusts

Acting as expert witnesses at trial

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Useful resources

The Court of Protection and deputyships: a guide

The Court of Protection and deputyships: PI trusts

Costs law services

Penningtons is extremely client-focused – they go above and beyond to support their clients’ wellbeing and wishes.

The team are very thorough and detailed in their approach.

Recent work highlights

Multi-million-pound settlement

Investing a personal injury claimant’s funds, establishing a care regime, adapting his home, and drafting a corresponding trust deed to reflect the contributions with the Court of Protection’s approval.

Challenge of local authority decision

Successfully contesting a local authority decision so that a substantial personal injury award was disregarded for means-testing purposes, and securing all statutory funding available for our client.

Long-term client support after serious injury

Advising a client and their family for over a decade after a serious injury, from the rehabilitation unit into their own home, and working very closely with the case manager to provide the support required.

Statutory will for overseas beneficiaries

Making an application to the Court of Protection for a statutory will where the majority of the intestacy beneficiaries were based in Australia.

International deputyship application

Advising siblings in relation to making a deputyship application to appoint them jointly as deputies for a parent who is a long-term resident in Europe.