Power of attorney

Tarnall 2017-02-06 00:26:02 UTC #1

Hi my daughter is 19 yr and is trying to be more independent. She has medical needs and doesn’t understand fully the consequences of medication.
Can I apply for being able to make decisions for her. Power of attorney, or is there something else that could help us.

MeMaz 2017-02-06 18:38:45 UTC #2

Hi @Tarnall, you could apply to become her legally appointed deputy for her health and welfare. More info here: https://www.gov.uk/become-deputy/overview

MeMaz

Tarnall 2017-02-07 09:54:06 UTC #3

Thankyou for this. I will take a look. X

matthew.groves 2017-02-07 15:34:00 UTC #4

Good afternoon @Tarnall,

We are delighted that your daughter is seeking her independence and that you are so supportive of her.

A Lasting Powers of Attorney for health and welfare is a legal document which enables a person to appoint a trusted family member, friends or advisers to make decisions on where they live, medical treatment (including resuscitation), daily routine and arranged care- if appropriate.

To answer your question, Yes your daughter can appoint you if she has capacity and understands the reasons for making a Lasting Power of Attorney.

The important thing to note about Lasting Powers of Attorney is that you can only make them whilst you have the mental capacity to do so.
If a person lacks metal capacity, a deputyship order would have to be obtained through the Court of Protection.

We have a Guide to Lasting Powers of Attorney and the Court of Protection, which you may find useful available on our website:
https://www.mencap.org.uk/contact/order_wills_and_trusts_publicati

If you would like further information, please call Mencap’s Wills and Trusts Team on 0207 696 6925.

Mencap’s Wills and Trust Service helps parents with the vital task of providing financial stability for their child’s future.
We offer advice and support around writing a Will and setting up a Trust, providing free literature and running Free Planning for the Future seminars across England, Wales and Northern Ireland.
If you would like any information, or would like to attend one of our free seminars please contact the team on 0207 696 6925 or visit www.mencap.org.uk/willsandtrusts

Thanks,

Matt

Matthew Groves
Gifts in Wills Co-ordinator

Jules62 2017-02-22 23:43:58 UTC #5

Hi Tarnall, my son is 26 and I finally “bit the bullet” and took out a power of attorney for both medical and financial affairs. It’s actually quite straightforward, and it allows my son to make his own decisions, the difference being you can do so when he can not. For example, if he had an accident and was unable to communicate I could be his voice. If he needed an advocate for financial matters, filling in government forms etc, I can do this for him. I always involve him, as much as his ability to understand allow, and I never hide anything for him, but it enables me to enable him (if that makes sense!). I sleep better now knowing that legally I can still protect him. Parental rights don’t count for much when our children become adults!

Tarnall 2017-02-23 00:42:11 UTC #6

Thankyou for the message. How did you start this process
I’m only on benefit so do not have access to a solicitor easily.
Or can you do it online. I’m really not sure what to do

Jules62 2017-02-23 12:08:32 UTC #7

There will be a cost but you can do it yourself. I think it’s 100 pound per LPA so if you have one for money and one for health it’s £100 each. Have a look on the site https://www.gov.uk/power-of-attorney/overview
The help guides are really useful. The solicitor we used for our wills (through mencap will planning seminar) was also happy to help and advise but it would have probably cost more than doing it yourself!

sianwhite 2017-03-01 13:37:17 UTC #8

Hi @Tarnall,

Just to let you know that Katherine Miller, Solicitor with Renaissance Legal, has started an Ask the Expert thread all about wills, trusts, Power of Attorney and Court of Protection.

If you have any further questions, feel free to post them there.

Thanks,
Sian

SarahL 2018-11-26 09:27:04 UTC #9

Hello @Tarnall

How did you get on with Power of Attorney for your daughter? It would be great to hear if you found a suitable solicitor and what it cost.

Many thanks
Sarah

SarahL 2018-11-26 09:30:59 UTC #10

As well as the Ask the Expert conversation about wills, trusts, Power of Attorney and Court of Protection here on the online community Mencap also runs Planning for the Future seminars across the UK to help you plan your child’s financial future.

See if there is one near you - https://www.mencap.org.uk/willsandtrusts/events

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