changing name

[Shopaholic73]

Do you have any information on changing an adults name when they don’t have capacity. My adult son has additional needs and has used my surname for over 15 years but we want to formalise this so he has the same surname as his siblings and I. He does not have capacity to make this decision himself but uses my name himself

[SpeedyH]

I'm not a legal professional. My guess is that you would need a court order to do this for someone who lacks capacity. The court would decide whether it is in the persons best interest and there would have to be a good reason, not just parental preference. It might be possible to do this if you have deputyship from the court of protection. Perhaps phone the Office of the Public Guardian helpline and ask them. They are very friendly and helpful. Please let us know the outcome as I suspect there are others in your position.

[Bluewatersixtysix]

Hello Shopaholic 73,

You could get advice from a specialist solicitor for advice, you could google the law centre, and put in looking for a disability solicitor? That is another reason why I applied for power of attornery, while my daughter had capacity, e.g., health and wellbeing, you could explore this, although may have to get a court order as mentioned by SpeedyH.

Kind regards and good luck

[Annabellelily Community friend]

Hello, just adding onto the other great advice shared, reaching out to Mencap’s Helpline at 0808 808 1111 or sending an email to [e-mail] could be helpful for this matter/any additional guidance you may need. Wishing you and your son the best of luck!