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Mental Capacity & Deputyship

Expert Witness Consulting Services

Christine Dyson
Christine Dyson
Partner
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Patrick Allen
Patrick Allen
Senior Partner
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Chantae Francis
Chantae Francis
Solicitor
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Mohan Dhadli
Mohan Dhadli
Solicitor
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Nicholas McKeowen
Nicholas McKeown
Paralegal
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Philippa Barton
Philippa Barton
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Ralph Johnson
Ralph Johnson
Paralegal
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Our Mental Capacity & Deputyship team are highly experienced in dealing with professional deputyships and personal injury trusts.

This makes us uniquely placed to act as expert witnesses for other law firms with providing reports on the likely costs of having a professional deputy or trustee.

We regularly provide expert reports in personal injury compensation claims and medical negligence cases setting out the total cost of the deputyship or trust.

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What does the report include?

It’s crucial to make sure that all the costs of the deputyship or Personal Injury Trust are included in your client’s schedule of special damages.

The report explains how legal fees are charged and assessed for Court of Protection work and provides details of past deputyship costs and annual estimates for the likely legal fees of the professional deputy for the rest of the client’s life. The report also includes details of one off expenses such as a statutory will application. The report also sets out additional expenses such as court fees and the cost of insurance.

"The team at HJA is solid and reliable, understands the complexity of individuals and works with case managers in a professional way. The lawyers are incredibly fast with decision making and the process is always smooth." - Legal 500, 2021

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Supporting our clients

We can also provide evidence for the cost of setting up a PI trust and the fees of a professional trustee of a PI trust.

We also provide the following services:

  • Comment on the defendant’s report on deputyship costs.
  • Attend joint meetings with the defendant’s expert.
  • Give evidence at court.

Christine Dyson, who heads up the team, has extensive experience in this area and can be available to help you should you require assistance.

“Christine Dyson is a fantastic to have as any part of the team. She is pragmatic and strong. Her decisions are always in the client’s best interests and she holds firm despite the behaviours of the difficult clients that we share.” – Legal 500, 2024

Independently ranked in Chambers UK and Legal 500 UK, 2024 legal directories.

The team was praised for their “excellent skill set” and “great depth of knowledge.” – Chambers UK, 2024

 

Call our highly experienced Mental Capacity & Deputyship team on
0330 822 3451
or request a call back.
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Professional deputyship

Deputies are appointed by the Court of Protection to look after the financial affairs of a person who is mentally incapacitated. This covers adults with a brain injury, learning difficulties and mental health problems.

You’ll need to consider appointing a deputy if you are acting for:

  • A child who is unlikely to have capacity at the age of 18 or
  • An adult who lacks capacity

An adult may have a close family member or friend who can be trusted to act as deputy and manage their finances. However, where close family members are dependent on the injured client for their accommodation and/or income, it’s usually advisable to appoint a professional deputy instead of a family member. The deputy must keep their own finances separate from that of the injured client and must not benefit personally from deputyship funds.

In the case of a brain injured child who lives with their parents, it’s likely that the deputyship funds may well be used to contribute towards accommodation costs and household bills and maybe also to compensate the parents for the additional care they provide. This results in a conflict of interest between the child and their parents which means that it is usually not appropriate for the parents to act as deputies without the involvement of a professional deputy.

Deputies are supervised by the Office of the Public Guardian and must file annual reports and accounts. Deputies must take out a security bond so that there is insurance cover if the deputy is negligent or fraudulent.

If there’s no professional deputy, the OPG will set a higher level of supervision and the cost of the security bond will also be higher.

The legal fees charged by a professional deputy must be assessed by the court.

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Awards & Recognition
Further Reading
Opinion

Nothing Lasts Forever Even Cold November Rain

Press Releases

Hodge Jones & Allen Appoints Sarah Charnley As The Firm Continues To Bolster Its Mental Capacity & Deputyship Services

Blog

Celebrating Carers Week: Honouring the Unsung Heroes

Opinion

Court of Protection Pilot Scheme January 2023

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"WHEN WE JOINED HJA, WE APPOINTED PHILIPPA BARTON AS OUR DEPUTY AND IT HAS BEEN ONE OF THE BEST DECISIONS WE HAVE MADE. IT IS A PLEASURE HAVING PHILIPPA ON BOARD WITH US AS SHE IS ONE OF THE BEST DEPUTIES. SHE IS ALWAYS THERE WHEN YOU NEED HELP AND EXPLAINS EVERY SITUATION TO YOU."

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    We know the effect a burn, scalding or scarring injury can have on you and your family. Injuries like these can be long lasting and can impact your ability to lead a normal life. Our specialist team will help you get the compensation and treatment you deserve.

    Car Accident Injury Claims

    As expert personal injury solicitors, our experienced team has helped thousands of people to win car accident compensation. No matter the kind of trauma you have gone through, we are on hand to help.

    Cycling & Bike Accident Compensation Claims

    At Hodge Jones & Allen, our experienced bicycle injury lawyers are waiting to help, bringing the expertise you need to make a successful cyclist compensation claim.

    Dental Injuries

    We understand how painful a dental injury caused be negligence can be, causing you long-term pain, stress and worry. We’ll help you secure the compensation that’s rightfully yours.

    Eye Injuries

    Injuries that result in loss of sight or blindness due to an accident that wasn’t your fault, can change your world. Our team will help you make a claim for compensation.

    Fatal Accidents & Injuries

    It’s extremely upsetting when a loved one has been involved in a fatal accident. Our dedicated team of solicitors will be there to help you gain answers and compensation.

    Motorbike Accident Compensation Claims

    At Hodge Jones & Allen, we specialise in helping those who have suffered serious injuries and have successfully dealt with a variety of motorbike accident claims.

    No Win No Fee Personal Injury Claims

    When you’ve been involved in an accident that wasn’t your fault we know the last thing you should be doing is worrying about where you’ll find the funds to pay for help. When you’re with us, you won’t pay unless you win.

    Passenger Injury Compensation Claims

    Many road traffic accident victims are passengers in the car, who can also suffer the same, and sometimes more serious, injuries than the driver.If you have suffered an injury as a passenger in a car or bus that was involved in a road traffic accident, you could be eligible for compensation.

    Personal Injury Support Groups

    Hodge Jones & Allen support and work with key support groups, charities and other community groups who provide holistic support for people going through a highly distressing period in their life, due to a personal injury.

    Rehabilitation, Medical Care & Treatment

    Recovering from serious injuries will require rehabilitation and carefully coordinated medical treatment. Our experienced personal injury solicitors will ensure you receive the support and compensation you need to gain all the necessary are and rehabilitative treatments.

    Road Traffic Accidents

    Being involved in a road traffic accident can leave you with physical injuries, as well as mental health issues and worries. You may be entitled to claim compensation and receive rehabilitation. Our team are available for a free initial consultation about your case.

    Serious & Complex Injuries

    We know that serious and complex injuries can lead to injuries that can change lives. Our specialist team can help and guide you through the process of making a claim and take away some worries from what is already a difficult time in your life.

    Slips & Trips Claims

    At Hodge Jones & Allen, our experienced and knowledgeable personal injury lawyers are here to help. Whether the slip or trip was an accident at work, in a shop or on the pavement, we have the expertise to help you get the compensation you’re entitled to.

    Spinal Injury Claims

    We understand the impact a spinal injury will have on almost every aspect of day-to day-life, from additional care, support, aids, equipment and accommodation. We will assist and support an injured person in adapting to the changes and challenges faced.

    Sports Injury Claims

    If you’ve suffered a sports-related injury within the last three years due to an incident that could have been prevented, you may be eligible to claim for financial compensation. Our expert personal injury lawyers can help you.

    Whiplash Claims
    Can I Claim For An Accident After 3 Years?

    There are exceptions when the three-year limit does not apply in specific circumstances. Our personal injury experts will be able to guide you.

    How Much Is My Claim Worth?

    At Hodge Jones & Allen, we know that receiving damages after making a compensation claim won’t change what happened, but it can help you to move forward. It can relieve some financial pressures that you may be facing after your accident and give you the monetary reward you’re entitled to.

    Personal Injury Compensation Calculator

    Try our interactive personal injury compensation calculator to see how compensation much you may be able to claim for your injury.

    Boundary Disputes

    We understand that the boundary of your property is important, and it should be protected. If someone is intruding on your land, you should act quickly. Our expert team will help provide the legal advice and protection that you need.

    Japanese Knotweed Disputes

    If your property has been affected by Japanese knotweed our specialist property dispute solicitors can assist you if you need to make a legal claim against your neighbour.

    Jointly Owned Property

    Disputes can be distressing, especially if you’re close to the other party. Our dedicated legal team will support you to work towards all parties receiving the best possible outcome.

    Leasehold Disputes

    Leasehold legal disputes can often be stressful to deal with. Our leasehold dispute team will help bring about resolution as quickly as possible.

    Nuisance & Negligence

    Disputes with your neighbours are often distressing. You’ll want to resolve your issues as smoothly as possible and our team will help defuse the situation, and deal with the nuisance on your behalf.

    Planning Appeals

    We know that when your planning permission has been rejected this can feel extremely frustrating. Our specialist property lawyers will advise you on your rights and on how best to challenge decisions.

    Residential Property Possession Proceedings

    It can be very confusing, as a landlord, knowing when and how you can take back the possession of your property, which you’ve been renting out. Our team are experienced in guiding you through this process, and ensuring you’re protected in the future.

    Restrictive Covenants on Your Land

    When you’ve purchased land, and there are restrictions on the use of it, our property law experts will help negotiate a release or make amendments to the agreement. We understand this can seem complicated, that’s why we’ll be there to advise you every step of the way.

    Claims and Injuries

    Whatever you're dealing with, our team is on hand 24/7 to find a solution that works for you and your personal needs.

    Asbestos & Mesothelioma Compensation

    We understand about exposure to asbestos and potential life-long hazards it can present. We can help with your legal claim and make a difference to your life.

    Dispute Mediation Services

    Our team of trained mediators and collaborative lawyers are available to help you. Mediation is a way of sorting out differences and disputes that have arisen from a commercial relationship or personal situation.

    Financial Crime & Regulatory

    We fight for fairness for those who may be dealing with allegations of a financial crime, covering everything from fraud to tax investigations.

    General Crime

    If you have been arrested, it’s important you get the legal help and representation you need at the police station and during the different legal stages that may follow.

    Housing Help

    You're never alone when handling housing disputes. Our team of experts are on hand to guide you through a range of housing-related claims and issues, from antisocial behaviour to homelessness.

    Housing Disrepair

    Everyone deserves to live in a safe home. If your landlord has failed to tackle issues such as damp, mould, leaks or structural issues, our team of housing experts are here to help.

    Medical Negligence

    If you have been a victim of medical negligence, we can help you get answers, gain any further care, treatment and rehabilitation needed and help you fight for the compensation you deserve.

    Military Hearing Loss Claims and Compensation

    If you've served in the military (or are currently serving) and are facing hearing loss challenges, our team of experienced military injury solicitors are dedicated to assisting you in obtaining compensation for Noise-Induced Hearing Loss.

    Personal Injury

    If you need help claiming for an injury, accident or illness we're here to get you back on track and provide guidance during this stressful time.

    Residential Property Disputes

    Get in touch with our team of property lawyers who'll fight your corner on everything from boundary disputes to leasehold issues, ensuring an agreement is made that works for you.

    HJA Financial Management Services

    A new complementary financial service offered by Hodge Jones & Allen.