When to get a power of attorney

[Jackson]

At what age should I be started the ball rolling on getting a Power of Attorney - my son is going to be 16 soon?

[SarahL]

Hello @Jackson Welcome to FamilyHub and thank you for posting.

Have you seen our Ask the Expert topic where we have a solicitor that can answer questions?

Wills and trusts - advice and support

Hi, my name is Katherine Miller and I’m a Solicitor with Renaissance Legal. We work extremely closely with the Mencap Wills and Trusts team and specialise in planning for the future for parents and carers of people with a learning disability. I am here to answer questions on: Wills and Trusts, including Discretionary and Disabled Person’s Trusts Powers of Attorney Court of Protection We understand that planning for the future can be difficult and will involve complicated decisions. This is …

Feel free to post in there too. I hope you don’t mind but at the very bottom of there I have asked Katherine (the solicitor) to have a look at your question.

You might also find this post helpful:

Means testing & wills

My son turns 18 this year. He has no concept of money and needs constant support. He has a savings account we set up when he was born, in his name with me as his trustee. I am concerned that benefits such as job seekers that he will have access to as an adult, will be reduced or he will not qualify as he has “savings”. Also, we have 2 other typical children, and currently our will is split 3 ways. We are concerned that when our son inherits,this money may have to be used to fund his care/ access…

All the best
Sarah

[KatherineMiller]

Hi Jackson

Lasting Powers of Attorney (LPAs) can be made by anyone aged 18 or over. Once your son is 18 then he can put these in place if he wishes to do so. You can, however, start talking to him about LPAs in advance so he understands what they are and how they work.

I hope that is helpful but, if you have any further queries, please do post in the ‘Ask the Expert’ section and I will do my best to help.

Kind regards

Katherine

[islarae]

Hi

I have 2 children with severe LD so am about to start this process but I can’t get past the issue of thinking its so unfair that we have to do this - and pay for the pleasure of trying to have peace of mind that we can still make decisions on behalf of our children. I have read it is unlikely that a judge will grant a guardianship to only one person (or parents) meaning that it is likely decisions for my children will be made by strangers throughout their adult life. I have written 3 times now to my MP asking that this process of automatically losing parental rights and responsibilities when our children turn 18 is reviewed. I wonder if there is any appetite in this forum to support a review of the law to change this and rather than an automatic loss of parental rights it becomes an opt-in to remain responsible unless there are clear concerns that the parent would not act in their child’s best interest?
I plan to petition government if my MP can’t help but wondered if this has been done before or if this is a concern amongst all parents of children with LD reaching adulthood?