Power of attorney .

Hi , finally my 17 yr old has been diagnosed.

ASD with low processing and understanding. Diagnosed at Great Ormand Street. They say son needs to be referred to Youth offending team . 
anyone know what they do ?

Also I think although son looks like he can understand and deal with issues such as health and money ,he can’t and I was wondering how I keep being his legal parent beyond 18 yrs . So I get included in anything that involves my son ? 
please could someone advice what is required and how to do it ? 
huge thanks.

Parents
  • Interestingly I am just going through the power of attorney process in relation to my elderly parents; both the financial one and the medical and care one.  In this case they are giving my son and I a power of attorney as an insurance against the day when they are nolonger able to make their own decisions or are able to make them, but need me physically carry out the executive for them (say, go to the bank and pay a bill or get them some cash).

    Your son could effectively give you power of attorney, but he would have to have capacity now to give it, and it sounds as though he may not.  In any case, the powers would not kick in until he had lost capacity or asked you to exercise it.  You could not act so long as he had capacity, or override his decisions no matter how unwise they are if he has capacity.  Neither would these powers enable you to be involved with his dealings with the police.

    I would, however, have a chat to a solicitor as I gather that powers of attorney can be also awarded by the court.  The court would have to be satisfied that he did not have capacity, not that he merely makes unwise decisions.

    The youth offending team should be working with him to help him stay out of trouble.  I very much hope that they will understand his autistim and are able to educate him as to who to stay away from because they are trying to exploit him and where the behavioural boundaries are.  

    Beyond that, if he does not have capacity, the other responders are correct.  (I used to work for the police). The police should not interview him etc without an appropriate adult present.  That appropriate adult does not however necessarily mean you.  They could for instance ask a social worker.  Once 18 you would not have an automatic right to be informed or be involved.

    Much will depend here on what his true level of capacity is and you may need further assessment to establish that.  I'd strongly advise a chat with a solicitor.  

Reply
  • Interestingly I am just going through the power of attorney process in relation to my elderly parents; both the financial one and the medical and care one.  In this case they are giving my son and I a power of attorney as an insurance against the day when they are nolonger able to make their own decisions or are able to make them, but need me physically carry out the executive for them (say, go to the bank and pay a bill or get them some cash).

    Your son could effectively give you power of attorney, but he would have to have capacity now to give it, and it sounds as though he may not.  In any case, the powers would not kick in until he had lost capacity or asked you to exercise it.  You could not act so long as he had capacity, or override his decisions no matter how unwise they are if he has capacity.  Neither would these powers enable you to be involved with his dealings with the police.

    I would, however, have a chat to a solicitor as I gather that powers of attorney can be also awarded by the court.  The court would have to be satisfied that he did not have capacity, not that he merely makes unwise decisions.

    The youth offending team should be working with him to help him stay out of trouble.  I very much hope that they will understand his autistim and are able to educate him as to who to stay away from because they are trying to exploit him and where the behavioural boundaries are.  

    Beyond that, if he does not have capacity, the other responders are correct.  (I used to work for the police). The police should not interview him etc without an appropriate adult present.  That appropriate adult does not however necessarily mean you.  They could for instance ask a social worker.  Once 18 you would not have an automatic right to be informed or be involved.

    Much will depend here on what his true level of capacity is and you may need further assessment to establish that.  I'd strongly advise a chat with a solicitor.  

Children
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