Rebuilding lives after brain injury: the role of the Court of Protection

This week is Action for Brain Injury Week, designed to raise awareness and understanding of acquired brain injury, and to highlight the challenges faced by survivors and their families. This year the focus is on isolation, which is a critical yet often overlooked effect of brain injury.

A brain injury represents a sudden and profound change to a person’s entire life, affecting not only their independence, but also their relationships, confidence and sense of place within their community. It can also affect family and friends, as they wrap their arms around their loved one, meaning that they too can experience isolation.  

At Kingsley Napley we support clients when it matters most, and we recognise that every lived experience of a brain injury is unique. As an independent law firm, we are able to implement a bespoke support network providing treatment, rehabilitation and care, with a clear focus on what matters most to each client.

The hidden impact of isolation

Following a brain injury, it is common for individuals to experience reduced mobility, communication difficulties, fatigue, and changes in their behaviour and personality. This can make it more difficult to participate in activities that were once routine, including attending work or social activities such as going out with friends. As the realisation of the challenges posed by simply leaving the home come to the fore, without support they naturally become isolated, and a vicious cycle can emerge as it has a compounding effect. Reduced social interaction can impact mental health, leading to anxiety, depression, and a loss of confidence. In turn, this can make re-engaging with the outside world feel even more daunting.

The role of a Court of Protection Deputy

The Court of Protection will often appoint a professional Deputy to manage a person’s property and affairs when they are due to receive compensation following an acquired brain injury. A Deputy can play a vital role in supporting individuals who lack the capacity to manage aspects of their financial or personal affairs. Deputies are appointed to make decisions in the individual’s best interests, ensuring their needs are met and their rights are protected, in accordance with their wishes and preferences.

However, as our team can attest, this role extends far beyond financial administration. At its core, a Deputy’s priority is to enable individuals to live as full and connected a life as possible, recognising that wellbeing is not just about care provision, but about meaningful engagement with the world.

Supporting clients beyond the practical

In our work for clients who have suffered an acquired brain injury (and their loved ones) we often need to find ways to support them address the issue of isolation. It often requires good planning, organisation and a bit of creative thinking but it is not something that we as a team shy away from.

This can include:

• Facilitating access to rehabilitation and therapy, which not only supports recovery but can also provide opportunities for social interaction;
• Ensuring appropriate care packages are in place, including support workers who encourage community engagement and respite for loved ones;
• Supporting participation in hobbies and interests, helping individuals reconnect with activities that bring them enjoyment and a sense of identity; and
• Managing funds in a way that prioritises quality of life, including funding for social activities, transport, and assistive technology.

Each decision is guided by the individual’s past and present wishes, values, and preferences, alongside their current needs. We also take into consideration the views of family members and other loved ones involved in their lives as they are often best placed to guide us on our client’s individual personality, likes and dislikes.

A client perspective (anonymised)

We have supported numerous clients who, following a serious brain injury, found themselves increasingly withdrawn from the world around them. In one case, a client who had previously led an active and social life became reluctant to leave their home due to a loss of confidence that centred around his difficulties with communication. He also had issues with anger which led to his social circle reducing significantly.

Through a coordinated approach involving the deputy, care team, and rehabilitation therapists, a tailored plan was put in place to gradually reintroduce social interaction whilst also engaging him in the business-related activities that he had enjoyed prior to his injury. He had a long-standing interest in property redevelopment and so, with support, he was able to invest in properties which were then developed, using his ideas, but with the oversight and support of the professional deputy.

The support was implemented gradually, which meant progress was also gradual, but over time the impact was significant. The client began to rebuild a sense of independence, demonstrating how targeted support can help address not just practical needs, but emotional and social wellbeing. He is a now a dedicated family man, with a successful property business.

A person-centred approach

Every individual’s experience of brain injury is different, and there is no single solution to addressing isolation. What remains constant, however, is the importance of a person-centred approach.

The Mental Capacity Act 2005 emphasises that decisions made on behalf of an individual must be in their best interests, taking into account their wishes, feelings, beliefs and values. In practice, this means looking beyond immediate needs and considering what truly matters to the person as an individual.

For many, that includes maintaining relationships, feeling part of a community, and retaining a sense of purpose.

Looking ahead

Action for Brain Injury Week reminds us that recovery and adjustment are not solely clinical processes. Social connection, confidence and independence are all central to living well after brain injury.

Legal professionals, working alongside families and healthcare providers, have an important role to play in ensuring that individuals are not only protected, but also supported to remain engaged with the world around them.

How we can help

If you or a family member need support following a brain injury, Kingsley Napley is here to help—working with you to navigate the challenges ahead whilst promoting independence, rebuilding confidence, and supporting meaningful connection at every stage.

about the author

Jemma Garside is a Partner in the Private Client team specialising in Court of Protection work. She joined Kingsley Napley in January 2021.

Jemma’s practice involves supporting professional and lay deputies for individuals who do not have capacity to manage their property and financial affairs. This includes assisting them with complex applications to the Court of Protection for approval to purchase properties, statutory wills and making gifts. She also supports them with complying with their legal obligations as a Deputy including management of their finances, adaptations to properties, care planning and best interests decision making. She has a particular interest in cases where issues relating to health and welfare arise, including assisting individuals with making an application to the Court to become a health and welfare deputy.