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Managing your child's finances

NAS88102

Hi I would appreciate some advice please and would like to know how others' have managed this.

My son has severe learning difficulties as well as autism and cannot manage his own affairs. As his mum I am his appointee and have a separate bank account just for his money but it's still in my name. All the benefit agencies and the council have accepted this.

I am aware that I need to set up a new account for him so that his money will still be accessible after I die. Any suggestions on the best way to do this would be welcome.

Thanks

Parents

  • 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. 

  • in reply to NAS88102

    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.

Reply
  • in reply to NAS88102

    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.

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