Personal Law

This week we take the time to raise awareness about the many different ways that people can be affected by a brain injury and to promote the support available to them.

Choosing someone you trust

Our brains control everything that we do. They dictate what actions we take and decisions we make. However, life after a brain injury can be extremely different and often difficult. There is no way to predict the future and it is often easy to think that these tragic things will not happen. But, if you are no longer capable of making these decisions, you may want someone of your choice and whom you trust to be making these important decisions on your behalf, rather than a court appointed person. A power of attorney gives you this peace of mind that the person you trust the most will be dealing with your affairs.

If someone you know has lost capacity to deal with their own affairs and does not have a power of attorney in place, a guardianship order will be required to manage their finances, property and welfare. For more information on guardianships please read our blog on the differences between them and powers of attorney.

Please get in touch with your usual Brodies contact for more information about powers of attorney and guardianships.

Structures to protect yourself and your award

If you have suffered an injury, you may be entitled to receive compensation to assist you with the changes in your life as a result. This can be overwhelming if your experience of handling significant sums of money is limited and getting advice about your options early is key.

Setting up a personal injury trust will mean that your trustees will be responsible for looking after your funds, and, that your award will not be taken into account for a means tested benefits assessment. For more information on personal injury trusts please read Jessica Flowerdew’s blog here.

At Brodies, we understand the challenges involved in dealing with compensation following an injury. Our team is uniquely placed to project manage the set up and ongoing administration of a personal injury trust to ensure that your funds are managed appropriately and that your long term interests are protected.

If you have received compensation and think you might need advice please contact Jessica who is experienced in helping individuals, families and other advisers make informed decisions about the right legal structure to hold, manage and best use the personal injury compensation award to meet specific objectives.