Published on 12, July, 2020
Hi,
My son has ASD, attends a special school, has an EHCP. He's only 5. We have been putting money in a Junior ISA for him since birth, it's invested in investment funds so by the time he's 18 we expect it to be a substantial amount of money if the investments perform well.
Assuming he lacks the mental capacity to manage his own finances when he turns 18 years old, is it possible to obtain a power of attorney for his money so that we can make sure it's spent on him and only for him?
It's obviously a long way off, and the law could change between now and then. But we're concerned that due to his vulnerability someone could get him to hand his money over. We will be putting money into an ISA in one of our names from now on, but I just want to make sure there's mechanism in place to protect anything we've saved for him.
He has very limited words, no idea how he'll turn out... but assuming it's the same in the future, are there mechanisms in place legally for a judge to grant the power of attorney if the person it's for doesn't understand any of it?
Has anyone here got a child who's become an adult and had to face the same situation?
Thanks,
Chris
A Power of Attorney requires that the person giving the power has the mental capacity to sign it. The idea behind a Lasting Power of Attorney is that the donor signs it whilst they have the capacity, to empower somebody to act when they no longer can - typically an older person who may be showing signs of dementia.
In the case of a young person turning eighteen and lacking capacity, I suggest you consult a solicitor. There are options including a trust fund, where you or trusted adults manage the fund on your son's behalf, or you can apply to the Court of Protection to become his Deputy (in England and Wales, known as a Guardian in Scotland). You can apply in person, but it would probably be best if you were to take legal advice.
I can understand your concerns about ensuring his financial security, especially given his unique needs.I remember when my cousin faced a similar situation with her daughter, who has special needs. They explored legal options to safeguard her finances as she approached adulthood. It was a relief for them to find out about mechanisms like power of attorney that could provide the necessary protection.
While the thread is from several years ago, the concerns you have for your son's financial well-being remain relevant. Planning for the future and safeguarding his financial security is commendable.In situations where an individual may lack the capacity to manage their finances, obtaining a power of attorney can be a practical solution. Legal mechanisms are in place to protect their best interests.For detailed guidance tailored to your specific circumstances, it's advisable to consult with legal experts who specialize in such matters. Resources like [Removed by Moderator] can offer insights into legal matters, even though the thread is from several years ago
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My Child has severe learning disabilities, autism and several other health issues. I opened his Premium Bonds account and purchased for him as a gift regularly. He is 17 and soon turning 18, therefore I was asking many people how to do this POA as Premium bond agency has stopped my access to his account after he turned 16. I sent them GP's letter and his special needs' school to change his address as we changed our residence. All my other children's and my and Mrs' address has been changed but not for him. They demand POA that is only for 18+ that one can download or request. Thanks to office of the Public Gradian who sent me a pack by post. Historically, I paid about £50 to GP two years ago for that letter. School was kind and not demanded any money. Now GP is asking £200 for certificate that is inside the form (however, anyone can sign, I requested my one of family friend and completed that part as social worked declined that she has no such capacity). The form itself has a cost of application £82 that Donor has to pay. Donor can get exemption if on benefits or working tax benefit (this does not apply to my child as he is not 18 yrs yet) I discussed with a solicitor who said that complete the same form and and complete another form LPA120A and send them evidence that he is not capable of doing any job.
You can't make an LPA until someone is 18 because as a childs legal guardian you already have certain authority. You can however apply for a personal welfare application. It can be convoluted but sometimes it's not at all. It just depends on how it's processed. The link is below.
https://www.gov.uk/government/publications/court-of-protection-personal-welfare-application-cop-gn4
If you wait until they are 18 you can make an LPA. It's pretty simple and can be made for as little as £82, it can even be as little as £41 if made for someone with a disability. I would advise using a solicitor though because they are fully regulated and will make it pretty much water tight.
NEVER use a "Will writing" service. I have seen them hawking their services around the Autistic community. They aren't regulated in such a way as a solicitor and don't have the same indemnity obligations. They also charge more than a solicitor and if you can do the LPA yourself to your satisfaction they are way more expensive.
Here are some more links.
https://www.citizensadvice.org.uk/family/looking-after-people/managing-affairs-for-someone-else/
https://www.gov.uk/government/publications/who-needs-a-lasting-power-of-attorney
https://www.mentalhealth.org.uk/a-to-z/m/mental-capacity-act-2005
https://www.gov.uk/become-deputy
https://www.google.com/url?sa=t&source=web&rct=j&url=http://www.autismparentssupport.org/Parents%2520of%2520adults%2520with%2520autism%2520%26%2520Power%2520of%2520Attorney.pdf&ved=2ahUKEwi6wJbw7sLbAhXBSBQKHc-JCQIQFjABegQIBxAB&usg=AOvVaw19sGS2ETYLPaJjssjgOcOV
All the best.