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Court of Protection Success Stories
The names mentioned below are fictional in order to protect our clients' privacy, but the facts mentioned are from actual cases:
Case Study: Aasif
Aasif is now aged 23. He suffered a brain injury in a road traffic accident when he was 18, and a successful personal injury claim has been conducted on his behalf. It is deemed that he does not have capacity to manage his property and affairs and therefore he has two joint deputies, one is a professional deputy who acts jointly with a member of Aasif's family (a lay deputy).
Aasif does have capacity to make many decisions for himself and it is hoped that he will progress to have capacity to manage his own affairs in the future. The JMW Court of Protection team supported Aasif when he moved into a flat from the family home. In common with other young men, he wanted some element of independence from his family, although he remains very close to them and they are a major part of his everyday life.
One of Aasif's aims has been to pass GCSE Maths. Aasif and his family agreed that he may struggle in a classroom situation because he has limited concentration. Therefore, the team identified a suitable home tutor who lived quite near to him. This tutor can also teach economics and business, both of which Aasif shows an interest in.
The team is in constant communication with Aasif and his family to provide update and to be proactive to changing circumstances.
Case Study: Sophie
Sophie suffered oxygen starvation at birth as a result of hospital negligence. This resulted in cerebral palsy, which affects both her physical and mental capacity. Through JMW's Clinical Negligence team, she received a multi-million pound award for damages.
JMW's Court of Protection team became involved at the earliest opportunity, meeting Sophie and her family and explaining the common issues that are likely to arise and how our team will provide guidance and support.
The team's involvement included: setting up and implementing a care package, purchasing and adapting a large house capable of housing her and her family and support workers, and obtaining sound financial advice regarding investing her funds. The investment of the fund ensures there is sufficient money throughout Sophie's life that can be used for her benefit.
All of these components, as well as the support network, were arranged and continue to be monitored by JMW, allowing Sophie and her family to concentrate on enjoying their lives without financial worries.
Case Study: Edward
Edward is eight years of age and has severe learning difficulties, as well as severe physical disabilities. It is deemed that he will not have capacity to manage his property and affairs and, therefore, a Professional Deputy has been appointed. The JMW Court of Protection team has been involved now for over six years.
Early this year Edward went to the Caribbean with his family to visit extended family. He became very ill whilst there. Fortunately, he had specialist insurance that had been advised by the team, but his family were still having difficulty in coordinating and ensuring he received the medical care he urgently needed. The team liaised with the insurance company and the hospital and also contacted the Foreign Office and, through our expertise and input, Edward was successfully flown back to the UK with a medical escort.
The team has also assisted the family in locating a more suitable property to rent. On meeting the family and listening to their concerns, it was clear they were living in a very unsuitable property, in which family members had to carry Edward up two flights of concrete steps outside the property and then another flight inside just to get him to bed.
The team helped to identify a property and negotiated the contract and the family is now settling into a large property with suitable bathroom and other facilities. It is now possible for a care regime to be implemented and for carers to stay overnight to allow the family to get some rest.