hi I’m planning for the future and have a will which will cause a trust to be set up if I die which my estate will go into, with 2 trustees nominated.
I’ve been looking into doing LPA so that if I die it’s easier for the trustees to take forward the trust and decisions about money. But my son (aged 21) has severe LD and definitely lack capacity to engage with the LPA form and process.
Does anyone know how I sort out LPA for finances (and health if needed) in these circumstances?
ok so I’ve now read this needs to be a deputyship - but at present it’s only benefits I manage and I’m already appointee. So my new question is - do I need to do a deputyship in anticipation that there will be more finances to handle once I die, or is this something the trustees will have to do if I die?
I also only have appointeeship for my son. I have set up a trust for when I die.
I don’t have deputyship atm as like you there isn’t any money to consider yet until our house is sold when we die.
I am considering trying to get Deputyship as my son is now in supported living and I help him with all his financial decisions but am aware that I don’t have any legal right to do this. Mostly it works fine but I have heard from other people when their adult children make unwise decisions such as spending too much money on something frivolous and not leaving enough for bills etc the staff can say they have no legal right to stop your child spending their own money. Even though they have a learning disability which makes budgeting difficult! The only thing stopping me atm is the thought of having to fill in a yearly form and evidence everything he spends. Another job to fit in with everything else.
hi is your trust set up now just as our solicitor said it’s set up when we die by the executors?
hi my son has severe L.D. And has severe learning disabilities and I had to get a deputyship for property and finance and health and well-being. This was because he lacks mental capacity as the L.P.A. Is for those who have capacity and can agree to others managing their money. You can do this yourself through the gov.U.K. Website good luck
Hu sorry to jump in òn someone else's question. My son is 48 has SLD and has just had a finance capacity test which proved he lacks capacity. He is in supported living and unfortunately no one believed me for the last 7 years since he's been there till now!!! He masks his disability very well as his speech is so good, but doesn't alter the fact that he has severe LD. As rt12345 has said I am my son's appointee for benefits and there is no property involved when I die, so I presume deputyship wouldn't be needed is that right. Thankyou
hi, thanks for writing this it’s helpful. My son is the same as yours. How do we get a Financial Capacity Test to see if he has capacity please?
Hi the social worker did my sons for finance, Get in touch with SW regarding this. I believe the health and well-being one is more difficult to prove as my son has some capacity and as I say unfortunately for him as his speech is so good people are fooled by this which has made life very difficult for both of us. I don't believe my son has capacity regarding his health and wellbeing but it's proving that. I'm also not sure who does that assessment but it's the next step. Any advice appreciated and good luck.
Thanks for that. I totally get it. If it’s anything like my son, he makes bad decisions. Has given huge amounts of money away to chat services via Apple etc (online stuff) They tell him that voluntary subs help keep their channel going ?! Then nothing in his account for mobile phone bill. He doesn’t understand official correspondence (benefit letters HMRC etc)
Health wise, he calls ambulance service when he just has a pain or knocked his leg!! So we have an agreement that they phone us first to check if ambulance is needed! The only thing I can say health wise is that we got our son to sign a letter which our GP has and uses saying that his parents (named) can discuss ‘all medical things’ in order to help him. That’s as far as we’ve got. Good luck too
you don’t need a financial test if he lacks mental capacity then you can apply for a deputyship and don’t be put off by people saying you won’t get it. You just need to prove you know him best and your the only consistent thing on his life you know about all his medical history likes dislikes etc etc
unfortunately to be an appointee doesn’t give you any other legal rights apart from his benefits. To be a deputy for your sons for health and well-being you have to have the finance one and then you can apply for the health and well-being one or you can apply for both at the same time. For me it has been invaluable as you become your sons voice so they have to tell you about your son and you can make decisions on his behalf about all sorts of issues that the courts feel you have a right to make decisions on as your son is t able to do that, and the authorities have to listen it’s a legal document so has to be adhered to.
Hi Jo do you mean if he lacks capacity for finance which has been proven for my son I can automatically apply for health as well. Is there a piece of paper stating he lacks capacity after being tested as SW hasn't give me anything stating this. Thanks
ask for a copy of these documents and if they refund use to give them to you state that when applying for your deputyships.
Hello, you may find MTC's easyread guide for LPA useful. It is free to download, and breaks down the process into manageable chunks that you can go through with your son.
You can find it here: mencaptrust.org.uk/guides-l...
Having been involved in setting up trusts in recent years you need to be sure that The trust that your will sets up is a discretionary trust and not left totally to your son otherwise it will be deemed to belong to him and all income etc can be taken by the LA to pay for his care. You will need more people than your son as beneficiaries and In a Letter of Wishes you can stipulate that he is the primary beneficiary. If your son gets certain benefits or is eligible for them you can set up a Vulnerable Persons Interest Trust which has tax rules that are protective for the disabled person. For example, there are strict limits on how much can be given to other beneficiaries each year. The trustees decide on how any of the money in the trust is used so they need to be trustworthy people. I think new tax rules mean that they will have to do a tax return every year and the trust has to be registered with HMRC.
It’s the responsibility of the trustees to manage the assets in the trust properly and make decisions on how it’s used for your son and other beneficiaries. They don’t need deputyship to do that.
Renaissance Legal have very useful information on their website.
I’m not legally qualified and am only speaking from my own experience. The trust doesn’t have to be set up before you die. It’s the responsibility of the executors of your will to do it. Renaissance Legal are specialist solicitors for families with vulnerable relatives and have very helpful information on their website explaining about trusts etc.
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