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Court of Protection and Personal Injury Investment Management

Few things in life are more devastating than serious injury or illness. It can turn life upside down and leave your loved ones struggling to cope with the enormous physical, emotional and financial impact.

If someone close to you has received damages from a negligence or injury claim, it is important to invest this compensation wisely so that it provides sufficient income for a lifetime of care and support.

At Investec, we have a dedicated and highly experienced investment team who specialise in supporting the long-term financial wellbeing of people in this unfortunate situation.

All members of our experienced Court of Protection and Personal Injury investment team understand and empathise with the personal, health, legal and financial challenges that your loved ones are facing. Our dedicated Investment Managers will carefully assess your loved one’s specific needs and put a tailored strategy in place that will aim to balance an income that supports any immediate needs, whilst also retaining the capital to ensure long-term financial wellbeing.

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Our Court of Protection and Personal Injury Service

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    We look after your compensation

    A personal Investment Manager will examine your and your loved one’s long-term needs and develop a tailored investment portfolio designed to help provide a lifetime of care. To keep pace with any care costs we might recommend a balanced investment strategy, which allows you to receive a source of assistance, and also aims to preserve the value of your capital so you can continue to have assets to invest.

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    We provide specialist expert support

    When you’re coping with life-changing events such as illness and injury of family members, you want experienced and caring professionals on your side. Our specialist team has honed its expertise over many years of working closely with the Court of Protection and is led by Jonathan Taylor, who previously acted as the panel fund manager to the Court of Protection, appointed by the government.

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    We have a proven track record

    At Investec, we have nearly 20 years’ experience in this specialist area. We were appointed panel fund manager to the Court of Protection in 2003 and held that position until the panel fund managers were discontinued under the Mental Capacity Act. Today, as one of the largest and most experienced investment firms in this field, our specialist investment team manage portfolios with a combined value of over £500 million and we have developed excellent relationships with the Court of Protection, Ministry of Justice, law firms and other specialists in the field.

Ready to have a conversation?

If you’d like to have an informal, no obligation, conversation about how we can manage your international investments, please get in touch.


Our approach to ensuring long-term financial wellbeing

  1. Step One

    Understanding their needs

    It is our experience that no two individuals are the same when it comes to their personal circumstances, especially in cases of serious injury or critical illness. Which is why we believe in investing as much time as is necessary to get a comprehensive understanding of their specific needs to help support their long-term care and financial wellbeing and, where appropriate, the welfare of other members of their family. 

  2. Step Two

    Portfolio planning

    Once we’ve understood your loved one’s personal needs, we will develop investment proposals which we will discuss with you in detail to make sure they meet your loved one’s requirements, both for the short and the longer-term. We will explain the rationale behind our recommendations, and if necessary, we will happily adjust the proposals until you are fully satisfied they will meet their needs. 

  3. Step Three

    Investing the compensation

    In cases of personal injury and Court of Protection awards our investment approach is invariably geared towards the lower end of the risk scale and designed to deliver steady-growth and income, whilst aiming to maintain the value of the capital for the long term. Our aim is to allow you to focus on your loved one’s health and well-being without being concerned about financial issues.

  4. Step Four

    Keeping you in the picture

    At Investec we constantly monitor and, where necessary, adjust the investments to ensure the money is working hard to meet your loved one’s needs. We also like to keep you regularly updated on how the investments are performing. Every three months you will receive a valuation of the portfolio’s performance and details of the actions we have taken. 

We work with accountants and solicitors too

See how you can help your clients manage their investments

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Throughout my time with Investec, I have to say that the guidance and advice I have received from them has remained consistently high, sound and productive.

Simon F, Leeds

Frequently Asked Questions

When it comes to looking after your family and loved ones in the event of a life-changing injury or illness, you want all the information you can get. If you still have questions, you may find the answers below.

  • What is the Court of Protection?

    The Court of Protection is a specialist court that makes decisions on financial or welfare matters for people who are unable to make decisions at the time they need to be made. The Court will, in certain cases, appoint someone else if there is a need to make ongoing decisions to enable them to manage the property and financial affairs of people who lack mental capacity, whether on a short or long-term basis. If the Court delegates these powers to someone else they will be known as a Deputy.

  • Can I review my investments online?

    All Investec clients or their court appointed Deputies can securely access investment information about their portfolio at any time through our online client portal.

  • When would the Court need to appoint a Deputy?

    If someone has not made a Lasting Power of Attorney and they do not have the capacity to look after their own finances, then an application needs to be made to the Court of Protection asking the Court to appoint a Deputy. The Court would appoint a Deputy to take care of someone’s finances or health and welfare when a person is no longer able to make those decisions.

  • How would someone lose capacity?

    There are various ways someone can lose capacity. This could be through suffering Alzheimer’s, dementia, a stroke, brain injuries, severe post-traumatic stress disorders or severe learning disabilities. It is the Court that ultimately decides if someone lacks capacity. It is however important to recognise that capacity tests are task specific. Just because a person lacks capacity to make certain decisions i.e. in relation to their finances, they may still have capacity to make personal decisions like where to live or whether to make a Will.

  • Who can be appointed as a Deputy?

    Anyone over 18 can be appointed as a Deputy although it is usually a family member, close friend or a solicitor. The Court will look first of all at whether there is anyone who has a close connection to the person lacking capacity and would be able to effectively carry out the role. If there is no one suitable then it may be more appropriate for a solicitor to be appointed. Solicitors specialising in Court of Protection matters will have the right expertise to be able to make decisions in complicated matters or where there are a lot of finances to manage. Most Deputies are property and financial affairs Deputies. If you want to become a property and financial affairs Deputy you need to have the skills to make financial decisions for someone else.

  • What types of property and financial decisions do Deputies make?

    Deputies will typically be able to pay any bills or debts, deal with any cash assets e.g. bank and building society accounts, deal with any income of the person incapacitated, manage or sell property and deal with any capital assets and make any investment decisions.

  • What duties do Deputies have?

    Deputies must make sure they correctly fulfil their duties. Deputies should bear in mind the guidance on the Mental Capacity Act 2005 Codes of Practice. In particular they must ensure that they:

     

    1. Make decisions which are in the person’s best interests
    2. Consider what the person has done in the past when they had capacity
    3. Apply a high standard of care which might mean including other people, such as getting advice from relatives or doctors
    4. Do everything they can to help the person understand the decision
    5. Record major decisions in the annual report 
    6. Make sure that their own property and money is separate from the person’s
    7. Keep records of the finances they manage on behalf of the person.
  • Do I need to keep a record of what I do as a Deputy?

    Yes each year you have to report to the Court showing all the major decisions you have made, and providing detailed accounts of all the money that has been received and what has been spent. It is therefore crucial to keep a proper record throughout the year.

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