deputyship

[Blue_dog_barlow]

Hi, my son has recently turned 18. I am just beginning to get my head around applying to be his deputy. Any advice or tips would be much appreciated. Thanks : )

[Jofisher]

You need to show that you know your son better than anyone else and that you will always act in his best interest and you know all his medical history and you are his one and only constant in his life even if he’s in care you are still thy person and his voice. I have it for both finance and health don’t let people tell you you can’t get health you can you just need to prove you are. I hope that helps

[BittenBunny]

Hi, this sounds similar to us, my daughter has just turned 19 and we are in the same position, trying to find out who is the best person to contact to start the ball rolling of how to get a deputyship for wealth and health. We have been told by 3 solicitors that as our daughter lacks capacity it is highly unlikely we will gain any control over her health and well-being decisions? This scares me very much and worries me for her future.

If anyone has advice or experience with a good solicitor/sen solicitor etc I would be very grateful for any info or contact details.

[BenjiB in reply to BittenBunny]

It really does depend on so many things as to whether it’s necessary. We don’t have deputyship for our son. He lives in a residential care home. He’s 24. He has no money except benefits so I act as his appointee for his benefits. As he has no property or other money I don’t need deputyship for finances. With regards health everything is still run past me. They keep me informed of everything that is going on. We have a monthly MDT team meeting which I attend. Any major decisions regarding health I am involved in as part of best interests. In the future it may be needed but the health part is notoriously hard to get and your decision can still be over ruled if it’s not deemed in their best interest.

You can do it online though yourself. You don’t need a solicitor but there are solicitors that specialise. The whole idea of deputyship is because they lack capacity so not sure what the solicitors you spoke to mean by that unless they just mean it’s hard to obtain. There was a case that set a precedent brought by Rosa Monckton & friends that was supposed to make the process less difficult. It’s worth a read.

[BittenBunny in reply to BenjiB]

Thanks for your reply.

I am appointee for her benefits, but she also has a child trust fund which we need to access.

She lives at home with us, she has daily seizures which sometimes involve an ambulance being called. Usually when they come or shortly after, she is stable and they’re happy to leave her at home. But last time the paramedic said they would take her in anyway. He said if we had power of attorney then I could overrule him?

I’ve had conflicting opinions on here about trying to get deputyship so I’m still none the wiser.

[BenjiB in reply to BittenBunny]

Yes everyone’s situation is different. I’m thankful I’ve had no issues really so haven’t felt the need. However all that could change so I won’t rule it out.

it’s a pain where the trust funds are involved but the law is there to protect those that are vulnerable. I’ve worked with young people where their families have financially abused them all their lives. It’s all such a mess for families where the trust funds aren’t accessible. My son is 24 so doesn’t have one.

I must have done something wrong with my other two children though as their funds aren’t worth much more than the £250 I invested whereas everyone else’s seems to have grown a lot!

[Annabellelily Community friend]

Hi there! Happy birthday to your son For direct advice on this, I would recommend reaching out to Mencap’s Learning Disability Helpline at 0808 808 1111 or email [e-mail] if you prefer to write it all down, they'll be able to offer direct advice tailored to your situation