Legal Advice rising 18

[CuppaTandCake]

Hi there, been a while since I posted here.

My eldest DS will be 18 in September and is currently living in a residential unit out of county, this is due to recurrent episodes of violence at home putting both himself and his siblings and us at risk.

In the main he is happy there and has been awarded funding to remain until his 19th.
Our main concern at the moment is that come 18 he is legally responsible for all financial & medical decisions - He cannot cross a road without supervision never mind have a bank card with instant access or make decisions on potential upcoming surgery on his spine (scoliosis)

How have others dealt with this? LPA doesn't seem to be an option as he doesn't have capacity to sign over capacity! Does anyone have any experience of applying for deputyship? Costs etc?

I think you need to contact solicitors specialising in that area for the answer to this one. I know Simpson Millar in Wimbledon deal with Deputyships, but there must of course be other firms that do.

So long as his only money and assets are his benefits, you can continue as his appointee. Its not worth applying for financial deputyship just to administer benefits. You could apply for deputyship for health and welfare - its around £3,000 - £4,000 iirc. The doctors would have to assess for capacity around surgery, without any deputyship in place, and hold a best interests meeting with you, as his parent carers anyway. Ditto all decisions around social care - I don't leave DC on their own with social workers, on the grounds I need to check their comprehension, so they can't have any suggestive conversations, like

"You really want to go and live in a nice flat, don't you...near your family?"

You need a professional to assess capacity for deputyship. The forms for deputyship are on the Govuk website under the Court of Protection, if you want to look at them, although you may prefer to get a firm of solicitors to advise you on this. Irwin Mitchell also advise on this.

I should have said solicitors charge £3,000 - £4,000 to handle a deputyship application for you!

Mencap have some useful advice here... www.mencap.org.uk/sites/default/files/2016-06/mental%20capacity%20act%20resource%20pack_1.pdf