An acquired brain injury (ABI) is a brain injury that occurs after birth. It can be caused by events such as a road traffic accident, an assault, or medical negligence. Whatever the cause, an ABI can have a profound and life‑changing impact on the person affected and on those who care for them.
At Enable Law, we regularly support individuals and families following an acquired brain injury, helping them navigate complex decisions and secure the legal protections they need through the Court of Protection.
How an acquired brain injury can affect daily life
The effects of an acquired brain injury vary widely depending on the severity and the area of the brain affected. ABI can impact a person’s:
- Memory, attention and concentration
- Communication and understanding
- Emotional regulation, insight and behaviour
- Physical movement and coordination
- Ability to assess risk and make informed decisions
These changes can be subtle or significant, temporary or permanent. In many cases, the individual may appear physically well but struggle with decision‑making or managing everyday tasks.
Understanding mental capacity
The Mental Capacity Act 2005 is the law that governs decision‑making for people who may lack capacity in England and Wales. It confirms that capacity is both decision‑specific and time‑specific. This means a person may be able to make some decisions but not others, and their ability may change over time.
Following an acquired brain injury, a person may lack capacity to make certain decisions, such as managing their finances, deciding where they should live, or consenting to aspects of their care. When this happens, legal support may be needed to ensure decisions are made lawfully and in the person’s best interests.
What is the Court of Protection?
The Court of Protection is a specialist court that deals with decisions for people who lack mental capacity. It can either make specific decisions itself or appoint someone else, known as a deputy, to make decisions on the person’s behalf.
A deputy is usually appointed to manage:
- Property and financial affairs, such as bank accounts, investments and paying bills
- Health and welfare, including care arrangements and accommodation (in more limited circumstances)
Assessing capacity after an ABI
Understanding the nature and extent of a person’s capacity is crucial following an acquired brain injury. This helps ensure that the individual retains control over decisions they are still able to make, while providing appropriate support where they are not.
A Court of Protection team can assist by arranging for a capacity assessment, carried out by a suitably qualified professional. This assessment looks at whether the person can understand, retain, weigh up and communicate a decision about a specific issue.
How a Court of Protection team can help
Where a person is assessed as lacking capacity for certain decisions, a Court of Protection team can prepare and submit applications to the Court to ensure proper legal authority is in place. This may include applications to:
- Appoint Property and Affairs Deputies
- Appoint Health and Welfare Deputies
- Authorise gifts, settlements or statutory wills
- Resolve disputes about care, treatment or living arrangements
These safeguards ensure decisions are made transparently, lawfully and in the individual’s best interests.
Managing compensation after serious injury
Many acquired brain injuries arise from serious personal injury or clinical negligence claims. These cases often result in substantial compensation, intended to support the injured person for the rest of their life.
A Court of Protection team working alongside a professional deputy helps ensure that compensation is:
- Protected and managed securely
- Used solely for the benefit of the injured person
- Invested and spent in a way that supports long‑term needs
We work closely with independent financial advisers, case managers and litigation teams to ensure funds are available for rehabilitation, accommodation, therapies, equipment and improved quality of life.
Supporting and protecting after an ABI
A Court of Protection team (also known as a Mental Capacity team) plays a crucial role following an acquired brain injury. By protecting vulnerable individuals, supporting families and ensuring decisions are made with care and compassion, the Court of Protection provides a vital framework for life after serious injury.
At Enable Law, our Mental Capacity team are proud to guide clients through this process, helping to secure stability, protection and peace of mind for the future.
How we can help you
At Enable Law, our Mental Capacity team has extensive experience supporting individuals and families following an acquired brain injury. We understand how overwhelming life can feel after a serious injury, and we are committed to providing clear, practical and compassionate legal support at every stage. We place great importance on the person’s wishes, feelings, beliefs and values – both past and present – while carefully balancing safety, dignity and wellbeing.
If you are caring for someone who may lack capacity, or if you need advice about deputyship, managing compensation, or making decisions in a loved one’s best interests, our specialist team is here to help.
To speak to a member of our Mental Capacity team, call us for free on 0800 044 8488 or fill in our contact form so we can call you back at a time convenient for you.
