Managing your child's finances

Many thanks for all your suggestions and help. I see that the best option is to apply for joint deputyship with one of my daughters.

I imagine the Court of Protection would appoint the Official Solicitor to act if there was nobody else available. But as I said, that is why expert legal advice is required.

ahhh yeah thats complex...

and who would look after her son in her will? does she have to assign a family member? but what if no family remain? does a random care worker get assigned guardianship?

I was assuming your son is an adult, am I correct?  When you say he is "being cared for by the local authority" what do you mean? There is no adult equivalent of "being in care" as a child. The social worker does not have the equivalent of "parental authority" to make decisions. Although family members often make decisions for those who lack capacity, it is not like a parent-child relationship. This is difficult to understand if you are the birth parent of a young adult. Technically he is deemed to have capacity unless the contrary can be shown. This means an adult may be able to go to the shop and buy a bar of chocolate and calculate the change, but not understand the need to pay rent or the fuel bill, for example. You would not be allowed to open a bank account in his name, he would need to provide his identity documents, proof of address (such as a utility bill or council tax statement in his name, although a benefits letter addressed to him might be acceptable) etc., and sign the forms.

You say you want the money "to be accessible" after you die ... to whom? Your son apparently would not be able to manage if his name was simply transferred to the account. Legally, the bank might refuse if your son does not mental capacity to operate a bank account.The local authority will not manage his money unless they apply to the Court of Protection, but you would do a lot better to have named a chosen friend or relative who knows your son and can act in his "best interests".

The above is general information, not professional advice. I really urge you to consult a solicitor with experience in mental capacity law.

I was assuming that if the person needs somebody else to manage his finances he lacks mental capacity. If that is so, he would not be able to open and operate a bank account.  There is always the risk that he could be defrauded by a fake bank message.  Not knowing all the circumstances it is hard to say, but on the information provided I would say go for the Court of Protection and Deputyship. The parent also needs to make provision in her will for someone to look after the son if/when she dies, and maybe if he would inherit money put it in trust.

If this were to be brought to me in a professional capacity (I am a qualified Best Interests Assessor) my advice would be : get a solicitor. Whilst fora like these can give you general information and support, real life is complex and you need to give all the facts to a qualified professional and take their advice.

[Usual disclaimer - this post is for information and general discussion only and should not be construed as offering professional advice. This applies to the law in England and Wales. The law in Scotland is different.]

would a joint account work? that way its in both yours and his name so you can still manage it but then its also in his name so i guess its still his when you die?

Thanks for the suggestions. It's just to manage his benefits, he is already being cared for by the local authority so I was hoping that an appointeeship would suffice. 

Have you been through the Court of Protection or was the appointee just for the council and benefits?  I suggest you contact a solicitor for advice. Your son will need someone to look after his care after your death, not just his finances. An order from the Court of Protection should cover everything.  A solicitor can also advise on trusteeship if you are planning to leave him anything in your will.You might want to look at your will at the same time.