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Power of attorney .

NAS67112

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

  • As I understand it, in order to make a Lasting Power of Attorney, the donor must have mental capacity at the time of signing, and be of legal age.  The Mental Capacity Act 2005 assumes capacity until proven otherwise, and is situation specific.  Thus if you have a LPoA for finance, your son may still have the capacity for day-to-day financial affairs, paying bills etc., but not for making complicated investment decisions. You probably need to consult a lawyer. An LPoA needs to be recorded with the Court of Protection.

    Civil mental capacity is different to the defences available in criminal law, which is a specialised area of work in which I am not qualified to give an opinion - again, I suggest you contact a criminal lawyer with experience in arguing "diminished responsibility " or similar cases.

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  • As I understand it, in order to make a Lasting Power of Attorney, the donor must have mental capacity at the time of signing, and be of legal age.  The Mental Capacity Act 2005 assumes capacity until proven otherwise, and is situation specific.  Thus if you have a LPoA for finance, your son may still have the capacity for day-to-day financial affairs, paying bills etc., but not for making complicated investment decisions. You probably need to consult a lawyer. An LPoA needs to be recorded with the Court of Protection.

    Civil mental capacity is different to the defences available in criminal law, which is a specialised area of work in which I am not qualified to give an opinion - again, I suggest you contact a criminal lawyer with experience in arguing "diminished responsibility " or similar cases.

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