The law protects the right of an injured person without financial capacity to select the most appropriate substitute decision-maker. The best choice may be a family member, a private trustee company or the public trustee. The decision must be reasonable and in the best interests of the injured person.

Personal injury lawyers and families need to carefully consider who to appoint as substitute financial decision maker. This may be the public trustee, but in larger personal injury settlements it’s worth exploring all the options.