Private client services

Leigh Day’s private client team specialises in working with individuals who lack mental capacity to make their own decisions.

The lack of mental capacity may be due to injury, illness or disability and may be permanent or fluctuating. The individual may be able to make some decisions themselves and they, or their family, may just need advice/assistance on specific issues.

Our experts work closely with our colleagues in the personal injury and clinical negligence teams and are experienced working with clients who have suffered traumatic brain injury and have large compensation settlements. We also work with external clients and have particular expertise working with individuals living with dementia.

We cover a broad range of advice relating to mental capacity but our focus is on the following:

Financial Deputyships

If an individual lacks mental capacity to manage their own property and financial affairs, for example a large compensation award, the Court of Protection can appoint a Deputy to manage their financial affairs on their behalf.

Often a Professional Deputy is appointed due to the value or complexity of the individual’s finances. Leigh Day partner, Amy Chater can act as their Professional Deputy to make financial decisions and manage their finances in their best interests. Amy is also a qualified nurse and experienced mental capacity assessor with a real passion for involving the individual and their family in all decision making.

The team can also assist to make applications to the Court of Protection to appoint a family member as the individuals Property and Finance Deputy where a Professional Deputy is not required.

Personal Injury Trusts

If you have received, or are due to receive, money to compensate you for personal injury you have suffered, it is recommended that you consider setting up a Personal Injury Trust for the compensation. The compensation could have resulted from a medical negligence claim, criminal injury, accident at work or compensation for industrial disease etc.

If you receive means tested benefits one of the benefits to setting up a Personal Injury Trust is to ringfence your compensation from affecting your means tested benefits so that you can still receive the benefits.

Our specialist team can provide advice on your circumstances, if a Personal Injury trust is recommended, and prepare the trust deed.

Leigh Day partner, Amy Chater, can also act as professional trustee for clients who need or would like professional involvement e.g

• Those with high value settlements; or
• For adults or children where the High Court or Court of Protection has authorised the Trust.

Court of Protection applications

The Court of Protection deals with decisions or actions for individuals lacking mental capacity relating to their welfare or finances. Our team can assist to make applications for financial decisions, for example:

• To purchase or sell a property
• To make a gift
• To apply for a Statutory Will
• To sell jointly owned property

Our Leigh Day human rights team can also assist with applications relating to welfare if the person lacks mental capacity to make the decision themselves e.g about where to live, who to have contact with or whether to undergo medical treatment.

Lasting Powers of Attorney

Our team can take instructions and prepare Lasting Powers of Attorney. These are legal documents which, once registered, formally authorise an appointed Attorney to manage the finances or make welfare decision for the donor at any time that they are unable to do so themselves, usually due to mental incapacity. The individual must have mental capacity to execute a Lasting Power of Attorney.

Leigh Day partner, Amy Chater, can act as Professional Attorney for clients. Amy can also act as the certificate provider, when not appointed, to confirm the donor’s understanding and mental capacity to execute the document.

Advice for Attorneys & Deputies

We offer specialist bespoke advice to Attorneys and Deputies who are managing someone else’s finances. This might include assisting with an application to the Court of Protection if required or perhaps preparation of the OPG annual return.

If you act as an Attorney or lay Deputy and would like some advice on your role/ responsibilities or other, please contact us.