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Professional deputies have a valuable role to play, says Brian Bacon

My partner Eddie Fardell posted our first blog before Christmas about the new authorised officers at the Court of Protection. I thought we’d touch this time on a question we are often asked by other solicitors and families in our area of work.

31 January 2012

As we all know, the spectrum of Court of Protection work is a wide one and covers many different aspects of capacity issues. One area we have concentrated our practice on is in the area of acting as a property and affairs deputy for those who have an acquired a brain injury or suffered a birth trauma.

The question I want to touch on concerns the quandary often faced by families and PI/clinical negligence lawyers: who should be appointed as deputy to manage damages awarded to someone in these circumstances?

Close to home

We address this question when giving expert evidence as to the costs of having a professional deputy in place and it is an extremely important one. Senior Judge Lush considered the issues in a recent newsletter for the British Association of Brain Injury Case Managers (BABICM). He explains that the court traditionally preferred to appoint relatives instead of strangers, where possible.

The argument...

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