JeanneA Report post Posted June 2, 2011 There are occassions that you can get ''power of attourney'' apparently - I am not sure if that is the right term but basically, if you can prove that your child is not mentally capable of dealing with his own money once they are 18 (and providing for himself) that you can have control over his finances. I dont know how it works but someone has done this for her son who is severely autistic and is coming up to 18. She has had to get a solicitor to help her get this control as its not only about his finances but also about his care in general and although it sounds awful, and apparently you need to apply to a court to get this power over your child when they become adults otherwise the council can take control over thier care. I would need to have that control should I need to use it in the future. Has anyone been through this yet with their child coming up for 18? I would be interested to know what procedure you went through. Glen of course is in the residential home and chances are he still will be next year so I need to know what to do. Any advice would be really appreciated. Quote Share this post Link to post Share on other sites
Sally44 Report post Posted June 2, 2011 (edited) Yes we have done this for my older sister. My mum, and the remaining siblings all have Power of Attorney, and I think we all [or a majority] have to agree on any actions or decisions we make. As far as I understand (because my mum does it all now), that when mum is dead, or mentally/physically unable, we siblings will take over this. It basically means that you can make all decisions on their behalf. Obviously you still consult the individual, if they are capable of giving you an idea of what they would prefer, and then make informed choices. A solicitor is the best person to explain it to you. You also need to think about 'who' would hold a Power of Attorney once the parents are not around. If there is no-one with a POA, then Social Services can become involved and make decisions themselves. Not sure how they do that, or what the procedures are. This may not be in your child's interests. As my sister is the oldest, we feel that having 4 siblings that have to agree is enough to ensure that things are always done in her best interests. I also seem to remember that the family solicitor also has some say in things too. But I'm not sure if this is part of the POA, or due to something else. Sorry i'm being so vague. If you own your property, you may also want to talk to the solicitor about how that would be protected for both you and your husband and Glen. I think my parents became "tenants in kind", or something similar, which meant they each owned half of the property, therefore the sale of the house could not be forced if either needed to go into residential care. Or on your death [sorry sounds so morbid], you may wish to have made instructions that the house/possessions are sold and put in trust for Glen - again in such a way that this money would be used for additional and extra treats and not used as his primary earnings. Anyway, lots to think about. As well as seeing a solicitor, it is also very advisable to go and see an Accountant who could advise you what to do and the solicitor could work out the legalities of it. Edited June 2, 2011 by Sally44 Quote Share this post Link to post Share on other sites
lisac Report post Posted June 2, 2011 I am not sure on this . I was previously told that you can only obtain power of attorney if the person has suddenly become incapable due do an accident/illness and not because of a lifelong disability . Is there anyone here who can set the record straight? I would be interested to hear , x Quote Share this post Link to post Share on other sites
bid Report post Posted June 2, 2011 My brothers and myself have Enduring Power of Attorney for my mum...although she's elderly, she's fine but we organised it in case anything happens to her so that we're not left trying to organise it in what might be difficult or upsetting circumstances. Bid Quote Share this post Link to post Share on other sites
JeanneA Report post Posted June 2, 2011 Thanks for your replies. Quote Share this post Link to post Share on other sites
Sally44 Report post Posted June 2, 2011 You need it set up BEFORE the person loses capacity, because once they have deteriorated to such an extent the solicitor will not even allow them to sign papers agreeing to a power of attorney. So the POA is made, but may not even be used for years. What is important, is that you do build in some kind of safeguard into it by having a number of people with POA and that they have to agree on the decisions being taken. Quote Share this post Link to post Share on other sites
lisac Report post Posted June 3, 2011 Sally thats what I was told too . I was told that if the person has never had the capacity they can not have a POA Quote Share this post Link to post Share on other sites
