National Road Victim Month – Financial Capacity

August marks National Road Victim Month which aims to raise awareness for victims of road accidents and highlight the support they require following injury.

As discussed in the blog by our Personal Injury team, there are approximately 60 people per day injured by road accidents. It is likely that a number of those injured in car accidents will sustain life changing brain injuries which in turn may impact their ability to manage their financial affairs.

The Mental Capacity Act 2005 states that a person lacks capacity to make a decision if they are unable to understand, retain, weigh up or communicate information relating to that specific decision. In order to assess capacity, the two stage test set out in the Mental Capacity Act 2005 must have been considered –

• Is there an impairment of or disturbance in the functioning of the person’s mind or brain?
• Is the impairment or disturbance sufficient that the person lacks capacity to make that particular decision?

Where it is found that the person in question does not have capacity to manage their financial affairs and has not prepared a Lasting Power of Attorney, family/friends or professionals may step in to make an application to the Court of Protection to act as financial Deputy. This is most likely to be the case where the victim of a road accident is a young adult.

It is also important to note that people who sustain brain injuries may temporarily be unable to manage their financial affairs and later regain capacity to take control of their financial affairs. In this case, the Court of Protection will remove the Deputy and any authority granted to them will come to an end.

If you would like more information about how to become a financial Deputy for a loved one or think a professional Deputy is required in the absence of any willing or appropriate family members or friends, please contact our Court of Protection team on 0344 3260 049 to discuss how we can help.