My son is 18 soon and I am looking for advice on de... - Mencap

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My son is 18 soon and I am looking for advice on deputyship as he hasn't the mental capacity to look after his finances.

Heroes77 profile image

Deputyship advice _ can it be avoided? My son has savings left by his grandparents but hasn't the mental capacity to deal with finances or understand power of attorney to appoint me. Has anyone else been through this or can I avoid it somehow as it's very expensive. Any advice appreciated. Thanks

11 Replies

Hi, I'm not a lawyer, I'm a nurse who undertakes mental capacity assessments including capacity to manage property and finances. I think you're going to have to go down the Court of Protection route. It's what it's there for. I'd get a solicitor that specialises in such matters. TSF Consultants can arrange the capacity assessment.

I recently consulted my solicitor about this regarding my 34 year old son who lacks capacity to manage his money or health. I have always managed his money which comes from 2 benefits, paid into an account in my name. I was advised that I do not need to apply for deputyship, although I am wondering if this is right. In your case, if money was left to your son, I can't comment really. The advice i was given seems different from other people's views.

Rupertthebear profile image
Rupertthebear in reply to Gus56

I think the issue is what if something happens to you ? Who would continue in that role.

I was advised deputyship is enough, COP is massively expensive and incurs expenses every year you maintain it. Personally, as a single parent I can’t afford that but if you can go for it. I’m interested in deputyship though x

Thanks for your replies. I will check with all other routes if I can first but it is looking like deputyship is going to be the only option x

Sarah_Mencap profile image
Sarah_MencapAdministrator

Hello Heroes77

You might find this PDF helpful as it explains the difference between appointees, deputyships and power of attorney -

mencap.org.uk/file/14168/do...

It may also be worth talking to our Wills and Trusts service as they can help you plan for the future - mencap.org.uk/advice-and-su...

Best wishes

Sarah

Yes you should do deputyship it safe guards your son not just financial but health so go for welfare health and finance,it’s very

Expensive doing through lawyers. You can download the forms from @.gov and try do it yourself. Don’t go down the road of COP it’s expensive and can be messy contrary to belief that it’s the best way usually it’s not. Good luck.

Hi Heroes77

I've been down the Deputy route twice now, once on behalf of my late partner, and once myself, for our boy Jack who lacks mental capacity. I have responded to previous posts in some detail, which you can see by clicking on my picture at top right and there is an option to see all my posts. There is a lot of detail about our Deputy experience there!

It is not easy to apply for Deputyship but I am really glad we did. You can pay a solicitor to do the whole thing, you could get a solicitor to advise but do the spadework yourself online, or you can do it all yourself. The people at the Court of Protection were very helpful to me in making my applications. I did not use a solicitor at all.

I am not sure what the distinction being referred to between COP and deputyship is. You apply to the Court of Protection become a Deputy, and they appoint you if you are successful. You are then monitored by the Office of the Public Guardian - they usually visit once a year to make sure you are looking after your charge's best interests.

Deputyship doesn't need to cost a lot, my boy (now 25) has no savings of his own and only income is ESA/PIP so he qualifies for full remission of the annual Deputy supervision fees and we have never paid anything.

The other alternative is to get the COP to rule each time an issue crops up, but I considered this to be hugely unwieldy as financial issues with paying his care bills etc. crop up all the time. Once you are appointed Deputy then it easy to deal with anything that does crop up.

Best wishes

JacksDad

Heroes77 profile image
Heroes77 in reply to JacksDad

Thanks

Hi Jacksdad is correct. You can apply for deputyship from the Court of Protection online yourself and if your son receives certain benefits there are no fees. Please be aware that once your son is 18 and comes under Adult social care they will expect him to use any savings over a certain amount to pay for his care. If your son has significant money from his grandparent’s will, you might want to consult a solicitor to see if the money can be put in a discretionary trust to protect it.

I am fully confident that it will be helpful for your son to learn about the help of a financial specialist who can determine in which field he should start. Finance is directly related to investment, so I suggest you start with that. In any case, you can contact such a financial assistant and find out more information about this case. I hope that you will be able to deal with this issue as soon as possible because your son is now at an age that requires more knowledge and experience in terms of finances. Just try it here wealthtender.com/guide/top-...

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