The Court of Protection versus personal injury trusts
Produced in partnership with Phillipa Bruce-Kerr of HCR Law
Practice notesThe Court of Protection versus personal injury trusts
Produced in partnership with Phillipa Bruce-Kerr of HCR Law
Practice notesIntroduction
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
To view the latest version of this document and thousands of others like it,
sign-in with LexisNexis or register for a free trial.