Our Court of Protection team have a good understanding of Personal Injury litigation and can provide advice and support in several areas such as:
A vulnerable client will include anyone with cognitive impairment such as:
Clients with addiction problems or in a coercive relationship will also be vulnerable in respect of their finances.
How can you protect your vulnerable client?
It’s crucial for Personal Injury Lawyers to have correct processes in place for vulnerable clients. There is a particular risk when sending out the final damages cheque for clients who are vulnerable or may lack capacity.
Clients who are receiving means tested benefits also need special consideration to ensure that they do not lose their benefits or get charged with benefit fraud.
Gill Knight and Philippa Barton both spent 20 years specialising in personal injury and clinical negligence litigation before moving to Court of Protection work. We understand the issues facing vulnerable clients who are due to receive a damages award and can work with Personal Injury lawyers to ensure that proper safeguards are in place.
Under the Mental Capacity Act 2005, whether a client has capacity or not depends on the type of decision being made. Therefore, a client may have capacity to litigate but may lack capacity to manage their finances.
If your client has borderline capacity, it is important to assess whether they have capacity to manage the damages award before sending out the money to them. There are a number of options available including:
It’s important to consult and take advice on all the options as early as possible.
Contact us today to arrange a consultation.