Our specialist Court of Protection deputyship team specialise in safeguarding the finances of clients who lack capacity to manage their finances. We can provide advice and support in a number of areas including:
A vulnerable client will include anyone with cognitive impairment such as:
Clients with addiction problems or who are in a coercive relationship will also be vulnerable in respect of their finances.
It is crucial for litigation 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 to manage their finances.
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.
Philippa Barton spent 20 years specialising in PI and clinical negligence litigation before moving to Court of Protection work and working as a professional deputy. She supports many litigation lawyers acting for vulnerable clients to ensure that proper safeguards are in place. She is recognised in Chambers for her expertise in this area.
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 is important to consult a Court of Protection solicitor and take advice on all the options as early as possible.
If you are a litigation lawyer acting for a vulnerable client, contact us for advice.