Below are some examples of Court of Protection cases our team has worked on.
Case Study 1
Adrian Mundell was appointed as Deputy for Mr T, a man whose workplace accident injury claim had settled for £1.8 million. He worked with the client to purchase a suitable property and enable him to live independently. Mr T became involved in a relationship which was sometimes argumentative and was opposed by his family. Mr T regularly changed his mind on whether he wanted to get married or not, and so we made an application to the Court of Protection as to whether or not Mr T had the capacity to marry. The Court said he did and the case is reported as Mundell v Name 1, (2019) EWCOP 50. We subsequently arranged for a pre-nuptial agreement. Sadly the relationship broke down and we are now dealing with his divorce and working with the client to rebuild his relationship with his family.
Case Study 2
Ashtons has been working with Master Y, who has cerebral palsy, since relatively early in his life and while his medical injury claim was ongoing. The claim settled for a very substantial sum, representing the difficulties that he will face throughout his life. We discussed Master Y’s position in detail with both his family and his Independent Financial Advisor (IFA) to identify the priorities. His property is now being adapted and a large portion of his settlement is being invested to provide for his future. We are working alongside his case manager to ensure that all of his care and education needs are being met. This has involved us obtaining additional ACC authority in respect of incurring costs and instructing professionals in respect of obtaining statutory education and care service for Master Y.
Case Study 3
We are working in the capacity of Professional Deputy with Ms C, a girl in her teens who lives with her family in a property that was purchased and adapted to meet her needs. She suffers from cerebral palsy and has a team of directly employed support workers who provide two-to-one care around the clock, except when she is at school. We have needed to appoint a new case manager to ensure Ms C’s best interests are being met. Statutory care funding by way of Continuing Healthcare and Direct Payments has been agreed and we are required to account to the statutory bodies regularly. Sadly, Ms C’s mother died, requiring a change of Legal Guardian to another family member. Several members of Ms C’s family live with her in her adapted property and we have ensured that the living arrangements are properly documented from a legal viewpoint.
Case Study 4
We were approached by another law firm which specialises in life-changing injury claims. They asked Ashtons to make an application to be appointed as Property and Affairs Deputy for a middle-aged man, Mr K, and also to act as his Litigation Friend. He had an acquired brain injury from a medical accident and had lost the capacity to make decisions. The family member who had initially been appointed as his Litigation Friend was balking at making a medical negligence claim. We made an application to the Court of Protection to decide whether we should proceed with the claim, and an order was made appointing Adrian Mundell as both litigation friend and Property and Affairs Deputy. We are currently working alongside the litigation team from the other firm and the family in respect of the claim which is now proceeding and, when settled, should give Mr K sufficient funds to ensure his future care.
Case Study 5
Miss F was referred to us by her case manager after her parent’s relationship with her previous Professional Deputy broke down. Miss F is a minor, and her injury claim was settled recently for a lump sum of over £4 million with additional substantial six-figure annual payments. An adapted property has been bought, which the client solely owns. We are now working with an IFA to ensure that her funds are invested in a way which will provide her with an income to cover her care costs throughout her life. Miss F has a 24/7 agency care package which is funded by significant Continuing Health Care funding combined with the annual payment under the award. We will work with Miss F and her family on an ongoing basis to ensure she gets the care she requires and that her funds are administered to the best effect.
Case Study 6
We were appointed as Professional Deputy for Mr T whilst his personal injury claim was ongoing. The claim was settled very recently for a substantial seven-figure sum. Due to very complex family dynamics and circumstances, we have been heavily involved in detailed discussions to ensure the correct housing and support is in place for Mr T and his dependents as he has a wife and child. Mr T’s wife suffers with her own disabilities and as a result of the couple’s collective disabilities, the welfare of their child has been a primary concern and Social Services have also been supporting the family. We will continue to support Mr T and his family in the future.
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