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Setting up a Trust or Deputyship

Funds, be it compensation from a personal injury award or your own personal finances, can be managed in one of two ways:

  • Through a deputyship if a person does not have the mental capacity to make financial decisions.
  • Through a Personal Injury Trust if a person has a physical disability or is vulnerable but has no capacity to make financial decisions. 

When do we become involved?

The Deputy or Trustee usually becomes involved once an interim payment for compensation has been made or funds are available. However there is no legal authority to manage those funds until the Deputyship Order has been received or a Trust set up. This could take several months and it is therefore important to commence an application to appoint a Deputy or Trustee as soon as possible.

Advantages

Money from a personal injury award once placed into a Deputyship or a Trust cannot be taken into account in respect to means testing for state benefits and therefore the funds in the Deputyship or Trust are effectively “ring-fenced”. However this is not the only advantage of a Deputyship or Personal Injury Trust and other points to consider are:

  • The protection offered to a vulnerable person from opportunists.
  • Support from a host of professionals with broad experience and a proven track record. This includes case managers, fund managers, bankers, accountants and solicitors with specialist experience.
  • The ability for a minor to attend trustee meetings from their teenage years so as to become familiar and competent in how their money is managed.
  • An unbiased and independent view from a Deputy or Trustee. 

What can funds be invested in?

Funds can be invested in a number of ways including the Stock Market, National Savings or Premium Savings Bonds, bank accounts and property. Each portfolio is bespoke to the client’s needs and discussed fully with those who can assist in the decision making.

Meet your team

Susan Brown

Partner

Ruth Meyer

Partner

Richard Money-Kyrle

Partner

Laxmi Patel

Partner

Claire Roantree

Partner

Kim Smerdon

Partner

Laura Magson

Director

Anne Pearson

Senior manager - Court of Protection

Melloney Harbutt

Senior associate - solicitor

Julie Marsh

Senior associate - solicitor

Annabelle Neilson

Senior associate - solicitor

Vanessa Wand

Senior associate - solicitor

Alexander Wright

Senior associate - solicitor

Rachael Allison

Associate - solicitor

Nicola Anderson

Associate - solicitor

Jemma Garside

Associate - solicitor

Charlene Hughes

Associate - solicitor

Rachel Makore

Associate - solicitor

Alpa Rana

Associate - solicitor

Fran Rothwell

Associate solicitor

Sita Soni

Associate - solicitor

Jamie Woods

Associate - solicitor

Martin Anderson

Solicitor

Tara Byrne

Solicitor

Lydia Dunford

Solicitor

Alex Edwards

Solicitor

Ben Ireland

Solicitor

Rachel Baxter

SEN specialist

Thomas Green

Paralegal

Lauren Hall

Paralegal

Nadine Silas-Richards

Paralegal

Victoria Stewart

Paralegal

Emma Wheeldon

Paralegal

Georgie Whitworth

Paralegal

Audrey Elmore

Medical records coordinator

Nicky Melville

Professional support assistant

Cleo Pheby-Edmunds

Legal assistant

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"Boyes Turner were professional, helpful and responsive"

Boyes Turner were professional, helpful and responsive in all of my dealings with them. They kept me informed throughout the entire process and gave me sound advice when required. I would recommend Boyes Turner to anyone who requires legal advice in the field of medical negligence. I was happy with my settlement and I am grateful for their work to achieve the end result

Boyes Turner client

"Having never taken legal action before..."

Having never taken legal action before, I found Boyes Turner very helpful and diligent during my injury claim. When I moved to the USA during the case, they were still able to answer all of my concerns and keep me informed, giving me advice every step of the way. I would recommend Boyes Turner to anyone who is considering representation

Boyes Turner client