Brain Injury Case – Family Forced Out of Their Home
Mr A’s daughter N suffered a brain injury in a road traffic accident when she was 6 years old. A few years later she received £1million in compensation, part of which was used to buy a home for the family and her to live in. Mr A had given up his job to help care for N and the home that the family lived in before the accident was repossessed. Mr A and his family provided care and support for N as she grew up. N lacked mental capacity. When N was in her late 20’s the Local Authority made an application to the Court of Protection because they had significant concerns about how Mr A and his family were caring for N. It became apparent during the proceedings that N’s compensation money was going to run out in a few years. The family were put in a very difficult position of arguing that N should be returned to their care but appearing to want this to happen because there was a risk that they would be made homeless, rather than because they felt it was in their daughter’s best interests. Mr A felt upset that no one at the time that N’s settlement was reached considered what might happen to the family in the future if N no longer lived with them.
Z was an elderly lady suffering from dementia who had two sons, B and C. Before she lost mental capacity she had made a Lasting Power of Attorney in favour of her son B. Z lived with B and his wife but C became concerned that his brother was financially abusing his mother and isolating her from friends and family. C raised his concerns with the Office for the Public Guardian and that investigation resulted in B being removed as an attorney. He appealed against that decision and C instructed us to oppose his brother’s appeal. At the hearing, we persuaded the Judge that B was not an appropriate person to act as an attorney and his appeal was therefore rejected.