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IS MY 18 YEAR OLD AUTISTIC SON LEGALLY LIABLE?

1 reply

wheelsonfire · 30/08/2013 04:49

My 18 year old autistic son (with a speech and language disorder) has just left school and is starting university in September. It had been arranged for him to get assistive technology equipment via the DSA, which arrived unexpectedly this morning whilst I was at work. To my horror he had signed for all the equipment and refused to have it checked or set up for him as agreed. Of course, the delivery note (signed by my son) states the opposite and says that it has all been done!!!! This is due to his autistic/Asperger traits and inability to feel comfortable with strangers.

It suddenly made me realise that I have been subconsciously avoiding the obvious! Is my son capable of making legally binding decisions now that he is 18? Whilst he is perfectly capable in most situations, there are clearly areas where he is not. I don't want to go down the road of getting legal guardianship but I'm worried.

Any advice would be greatly appreciated!

OP posts:
AgentProvocateur · 30/08/2013 07:00

Yes, everyone is presumed to have capacity unless proved otherwise (by a doctor and ratified through court). At least, this us the case in Scotland. It might be different elsewhere in UK.

It can be a real issue, because once a person reaches 18, services are under no obligation to consult with/ inform parents, many of whom have been involved with every aspect if their child's care up till then

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