Amy* is a seven year old child who suffered clinical negligence at birth leaving her with athetoid cerebral palsy with delayed motor development and hypertonia in all four limbs. However, despite physical impairments, Amy is likely to retain mental capacity at the age of 18.
An application was made for a private trust with two partners at Boyes Turner and Amy’s mother as Trustees.
The application was successful which meant that decisions can be made by the trustees without further reference to the court. This saves both time and money and the trustees can ensure Amy is included in annual meetings when she gets older so that she can understand her finances and partake in decisions.
This effectively empowers Amy to make her own decisions later in life which is in the spirit of the Mental Capacity Act 2005. This statute encourages people to make their own decisions whenever they may be able to.
To date we have located a suitable rental property and negotiated with the landlord to put in hoists. Therapies have also been set up and a school has been found that meets Amy’s needs. A taxi takes Amy to and from school each day and since starting school, she has made fantastic progress and is a much more happier child. A much needed family holiday has also been arranged. Judgment has been given and the case is expected to settle in excess of £1 million.