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David’s Case – Private Trust and Deputyship

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David’s Case – Private Trust and Deputyship

David* is a delightful 5 year old child who suffered injuries at birth at a hospital in England. His injuries resulted in quadriplegic cerebral palsy. David has recently moved with his family to New York as his parents are US citizens.

Judgment has been admitted and we are still in the process of valuing David’s medical negligence claim. Part of the difficulty in valuing a claim for a young child is that it is difficult to confirm the extent of the damage when they are so young. In fact, the experts initially believed that David would have sufficient cognitive function to manage his finances at the age of 18 and a private trust was set up. However, as David developed it became clear to the experts that he would not be able to manage such finances and we then applied to the Court to transfer the trust to a deputyship, with Ruth Meyer as the professional deputy.

Whilst waiting for the case to settle, we have ensured that we have contributed towards the rental of a suitable apartment in New York to meet David’s needs and have reviewed and purchased equipment as well as paying the fees for a special needs school. It is anticipated that David’s claim will be valued in excess of £1 million.

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image of Ruth Meyer

Ruth Meyer

Partner and Head of Court of Protection

Ruth advises on setting up and running all types of Court of Protection deputyships and trusts for children and adults but has a particular specialism in those who have suffered severe brain injury and disability from medical negligence or a personal injury which gives rise to a claim.

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