IM’s Court of Protection department in Bristol act for vulnerable clients who have suffered a brain injury as a result of personal injury or brain damage following clinical negligence. They deal with mental capacity matters and damages management.
Joseph*, a client of the department, was a pedestrian who was driven into and hit by a disqualified and uninsured driver in the West Midlands in 2004.
The driver failed to stop after the accident and Joseph sustained a traumatic brain injury.
Joseph has significant cognitive problems and now suffers from epilepsy, behavioural problems and issues with his attention and memory. He has difficulty communicating in social situations and, for a long time after his accident, suffered with volatile and violent outbursts. It was strongly felt by the defendant at the time of the litigation that Joseph would never be able to live in his own home with support and he would struggle to thrive outside of a residential facility.
IM has been appointed as Joseph’s Deputy to establish and maintain the effective management of his property and financial affairs. The Court of Protection team at the Bristol office manage Joseph’s finances on a day-to-day basis and are currently in the process of cautiously investing his damages to generate a return to ensure his funds do not depreciate in value and will cover all of Joseph’s expenses during his lifetime.
The team are also in the process of making a Will for Joseph which will incorporate the wishes he would have had if he had capacity to make a Will himself.
Joseph currently resides in a specialist brain injury rehabilitation centre where he receives residential support and rehabilitation. Joseph will imminently move into his own home, a specially adapted bungalow in the West Midlands, for the first time since his accident nine and a half years ago.
Joseph will receive 24-hour care, seven days a week but the move will allow him significantly more independence than he currently has. Joseph’s case manager, father, treatment team and IM have all worked tirelessly to ensure that Joseph becomes as independent as possible in organising this move to his own home.
The move will mark a pivotal moment in Joseph’s success story and the recovery that he has made
following the accident.
Louisa Chadwick, a Court of Protection expert from IM’s Bristol office who manages Joseph’s financial affairs on a day to day basis commented: "Joseph is an inspiration to us all and especially those who have sustained a brain injury and been told by others that they will never be able to live independently again. The importance of rehabilitation and establishing an effective care regime for clients such as Joseph cannot be understated and Joseph is extremely excited about the impending independent move."
*Name changed for client confidentiality purposes.
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