Hello, My son is turning 18 soon, he has autism and some learning disability, he is attending a specialist college (but didn't go to any GCSE etc) He is verbal, but doesn't have speech and understanding at his age level, he also has difficulties in communication. I envisage he would most likely will need some support all his life. He lives with us for now, I am trying to understand, when he turns 18, do we need as his parents, to have deputyship to be able to help/arrange his affairs?
I am aware of 2 parts of deputyship, mainly asking re property &financial affairs, what is difference if we have one or not and when do we need it for example. Just getting confused a bit here.
Thank you in advance
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Hello. There has been lots written on this subject so I suggest you put “deputyship” into the search and you will find lots of articles. I would start there. Also go to the website that deals with deputyship ie office of the public guardian OPG.gov.Uk
Hi there. If your son has capacity to decide if he wants to appoint someone to help him, you may need Power of Attorney rather than Deputyship. Deputyshop is only for people who lack capacity.
With Power of Attorney, there are still two types, Financial and Health and Welfare. POA is much easier to apply for and get, the forms are online and if your son is law income, the process is free if you do it yourself. when he turns 18, the DWP will ask him if he wants an 'appointee' to look after his benefits. This should be enough for most financial things ' you just need to set up a separate Bank account in your name, or a joint account, to keep his money separate from yours. You will need POA if he has any more complex financial affairs or if he doesn't have tgecwbility to sign a lease if he ever moves out from home. Mencap have let's of good information on this
Our son, now mid-30's, is severely autistic with LD and lives in a (supposedly) specialist supported living flat, this being his fourth placement after multiple spectacular failures. He does not have capacity.
Throughout this journey we have often considered getting Deputyship, and occasionally threatened it but never felt it necessary. The law obliges the care provider, the NHS and social services to involve next of kin in all decisions, and when push has come to shove, this has always worked.
We are our son's financial representatives for government purposes and this is less onerous than the regular court reporting required by Deputyship. If we do ever apply for Deputyship it would be for the care side only so that we could be more powerfully representing his needs.
Last year, I was told rather casually by a social care practitioner (a cheaper version of a social worker) that because I don't have deputyship for my 22-year-old son, the council could step in and move him into supported living. Initially, I thought this wasn't possible, but I met a mother whose son was removed in this way in my county, despite both of them being happy with their current arrangement. No safeguarding issues. Supported living is held up as the way forward for independence - and it makes a lot of money for private companies.
My son has always stated (with or without my being there) that he wants to continue living in the family home - and I'm happy with him here. My daughter (who lives elsewhere) and I are in the process of applying for deputyship now (finances and health/well being).
I am pretty appalled that my son had a social worker for years and this (and Power of Attorney) was never mentioned. I think deputyship (or Power of Attorney) is absolutely essential. It comes with a lot of work (keeping receipts) and costs money, but that's worth it, in my opinion.
we have power of attorney for our 36 year old, appointee for benefits and all things government and I manage her main bank account and she has a separate one with a card for spending. It works well. She is verbal and semi independent just needing support with say to say life, finances and health issues (she’s nominated me to speak on her behalf with the GP, hospital and every consultant we see. Deputy ship is more complex and requires keeping accounts. I do this anyway but I don’t have the stress of reporting in to anyone. I’d try POA first. As a previous respondent said. There are many conversations on this in this forum. Try searching for deputyship.
I would go for being an appointee for his benefits as a first step. It means you have control over any money coming in via benefits. If he has other income, say he gets a job, you dont have any say over that money. But I am guessing most of his funds will be benefits, so that is the place to start. Then you can look at POA - that can only be put in place if a solicitor deems your son has enough capacity to understand what it is.
My son is 50 and it's only in the last 3 years he had a capacity test for finance and health which showed he didn’t have capacity for both. This was done by a social worker I don't believe you need a solicitor for this. She deemed him to have capacity to understand the basics of LPA, I.e. that I oversee his finances which I have always done and I'm consulted for all health needs. It did cost for LPA but you can claim back if on certain benefits, my son is on ESA support group and PIP highest for care and mobility.
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