The Court of Protection versus personal injury trusts

Produced in partnership with Phillipa Bruce-Kerr of HCR Law
Practice notes

The Court of Protection versus personal injury trusts

Produced in partnership with Phillipa Bruce-Kerr of HCR Law

Practice notes
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Introduction

It is a sad fact that in many personal injury cases, particularly those involving the most catastrophic injuries, the injured person will have lost or will lose the capacity to deal with their own affairs. In many such cases, the injured person will lack the capacity to appoint an attorney to deal with their affairs or to set up a personal injury trust themselves. The involvement of the Court of Protection (COP) will usually be necessary in these cases. The court (either the COP or the court hearing the personal injury claim) may need to decide whether to approve the establishment of a personal injury trust or the appointment of a deputy. It should be noted that, even if the injured person has appointed an attorney under an Enduring or Lasting Power of Attorney, that appointed attorney(s) will not have the authority to create a trust to hold any award without authority from the court hearing the claim allowing them to establish a trust. Such authority would usually be recorded in a court

Phillipa Bruce-Kerr
Phillipa Bruce-Kerr

Partner, HCR Law


I help people to understand the challenges they may face as they get older, and provide guidance on how to tackle them head on. I work with families to plan for the future they want, and support older people when they want to keep their independence.

I specialise in helping older and vulnerable people, and many of my clients are referred to me by charities such as Age UK, Alzheimer’s Society and Scope. I’m also an approved adviser for Mencap, and a fully accredited member of Solicitors for the Elderly. It’s important to be clear and to listen carefully when working with any person, but I use my skills to bring reassurance to my clients. Thanks to my knowledge and experience, I provide an insight that relatively few solicitors can offer.

I’m happy to visit my clients at home, or in hospitals or care homes, and I’m always available when they have concerns or questions.

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Jurisdiction(s):
United Kingdom
Key definition:
Personal injury definition
What does Personal injury mean?

An injury to the body or mind as opposed to property.

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