Court of Protection team work in partnership with 'borderline mental capacity' client

Mutual trust developed between client with a brain injury and his appointed deputy to make decisions together.

Gary is a 23 year old man who suffered serious head injuries when he was knocked down by a car during childhood.

His mother was initially appointed as his deputy but, as Gary got older, she felt that he should have more independence and so through Potter Rees Dolan a professional deputy was appointed. Gary had made very good progress with his rehabilitation and was considered by the court to have 'borderline mental capacity'.

As Gary is capable of dealing with many aspects of his life, the Court of Protection team allow him as much freedom as possible to make his own choices.

However, we are acutely aware that this has to be balanced with the need to protect Gary from exploitation by others or from failing to understand the consequences of important decisions.

A relationship of mutual trust has built up between the Potter Rees Dolan deputy and our client to such an extent that we now act 'in partnership'.

Before any action is taken, we discuss all the options and decide what is going to be done and who is going to do it.

The names and identifying details of the client have been changed to protect the privacy of individuals involved.