Can you be adopted when you are over 18?

[BirdFromDaNorf]

DH's birth dad died in an accident when he was 18 months old. MIL met DH who we now call his "dad" when he was 11. He offered to adopt DH when he was 14, but at that point DH wanted to keep his original surname.

Fast forward 20 years ish. DH is 36 and now, we realise that if god forbid, anything were to happen to his "dad" he would have no say in his care or treatment.

FIL has now said that he would like to adopt DH and DH wants this. Is this possible? How do we go about it? Where should we go to?

Thank you for your help. When it came up in conversation, the one place I thought of, to ask about this, was here. Thank you.

I don't think you can adopt an adult but I'm sure that he can be given power of attorney in case it is needed in the future

No idea. Interesting question.

Not sure, but maybe being a "Power of Attorney" for his Dad would go some way to helping in this situation.

It would mean that if you DH's "Dad" became incapacitated to make decisions for himself (legal/financial) then your DH could act for him...

Lots of grown up children do so for their elderly parents...

Someone with better legal knowledge might be along soon...

No

It isn't possible in the UK - a child can only be adopted up until they are 19 (Adoption and Children Act 2002)

There are definitely some countries which allow adult adoptions (USA for instance) but not in this country

Does your DH dad have any kind of degenerative condition? If so, then i think there are legal orders that will give your DH power to make important decisions if his dad should become unable to do so. However if your DH dad is healthy and this is partly 'in case' something happens then i don't believe there is anything you can do. I'm sure a person more legally knowledgable than me will answer shortly. I'm sorry :(

BirdFromDaNorf I'm not a person who is more legally qualified than Lilka!

But a quick look at UK websites for Q and As seems to suggest no, [http://wiki.answers.com/Q/Can_you_adopt_an_adult here] but I am sure/I would HOPE if you speak to a solicitor to see what options there are, then there would be some legal arrangement you could put in place to ensure that the wishes of all the family are able to come into affect in the event of problems/old age/wahtever.

You could also contact Citizan's Advice Bureau for some help too, [https://www.citizensadvice.org.uk/ here]

I would also assume you could do this quietly or with much fanfair, however you wanted it to be.

To me it seems that it is a good thing you have started thinking of this before it is a requirement and I am sure is very pleasing to the dad to be considered in this way.

Good luck with it all.

It seems to be possible in other countries. I think this is a US website [http://www.adopting.org/adoptions/adopting-an-adult-how-to-adopt-an-adult-person.html here]

I do hope some legal equivelant would be possible in the UK so good luck with finding it.

i actually know someone who was adopted aged about 40!

I think it is possible to nominate someone as your next of kin (to take medical decisions etc if you are unconscious or incapable) even if you are not related - eg see this page from the Royal Free hospital here. That is tailored mainly to unmarried partners, but I can't see why it should not be equally relevant to a step-son.

Then there are also enduring powers of attorney, which are much more legally complex, but are a good idea for anyone likely to end up having to sort out a parent's financial affairs if they become too physically or mentally frail to do it themselves. I presume they could also cover healthcare decisions. You'd need to see a lawyer for that - I think you can draw one up ready to be put into action under a defined set of circumstances.

Perhaps asking the citizen's advice bureau would be a good next step to find out what would be appropriate for your DH?

Cannot make enduring powers of attorney any more. Can make general powers of attorney or lasting powers of attorney.

If it is medical treatment that is a genuine concern, then as long as the donor has mental capacity he can give a lasting power to any one (or more) people who do not need to be related in any way. Lasting powers of attorney ONLY comes into play if it is registered and then only if the person being treated lacks capacity and then subject to any limitations contained within it.

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There are 2 types of lasting power of attorney - one for financial affairs and one for care/treatment. As LittlePuska said they have to be registered. The forms are quite long but not too complex and the person giving power can do it themselves. Solicitors fees for doing them register but if anyone tries to charge more than about £300 + registration fee they are ripping you off. I've heard of people being charged thousands, which is pure exploitation.

Solicitors for the Elderly can be good for finding advice and a suitable lawyer.