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Deputyship for health & money For a child when they’re an adult

8 replies

Lesley25 · 22/09/2022 20:52

I have heard and read so many things about SLD adults who at the age of 18 and once in supported living can be moved into units or other provisions based on cost without any parental authority as they are now adults.

my son will eventually move to a supported provision, his needs are complex (SLD) with S autism and he’s nonverbal at the age of 18.

what rights do I have if I get a Deputyship and has anyone been through the process?

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Thatsnotmycar · 22/09/2022 21:54

A personal welfare deputy can make decisions on the person’s behalf on things like medical treatment. The CoP doesn’t always agree to make a personal welfare deputy if the decisions that need making aren’t immediate, complex &/or there isn’t a dispute.

A property and finance deputy isn’t normally necessary if the only income is from benefits as being appointee will suffice.

It’s worth speaking to Mencap.

Lesley25 · 24/09/2022 13:37

Thank you I’ll speak to Mencap

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vjg13 · 24/09/2022 22:09

I have health and welfare deputyship for my adult daughter with SLD. It was a long process (during pandemic) and was about £2000. I used a solicitor. You do need to use a solicitor who is familiar with it, many are not.

My mine motivation was from dealing with social care and the horror that they could make decisions without our consent under the guise of being in my daughter's best interest.

Lesley25 · 25/09/2022 20:24

This is exactly the reason I am doing it.
im applying as my sons turned 14, but I have asked the solicitor if this is maybe too young. I’d hate to spend upwards of £3k for the forms to be knocked back because he comes under the jurisdiction of the childrens act, so I’d have to reapply at 15/16.
can I ask what age you applied for the Deputyship for your daughter?

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vjg13 · 26/09/2022 06:51

@Lesley25 You don't need to apply until your son is 18 and I don't think you can apply until then (I could be incorrect). Problems only start once the young person is 18 and an adult, until then you can make decisions on their behalf anyway.

It's important to apply before any level of disagreement with health or social care. I applied when my daughter was about 20 as she was at a specialist college and another parent recommended a solicitor to me who was excellent. I found it helpful to mention at all meetings that we had applied and were waiting for the court order. Many parents in our position have no idea about court of protection deputyship and the implications of not having it. We did not go for financial deputyship as my daughter's income is from benefits and I am her DWP appointee.

Lesley25 · 26/09/2022 08:30

Thank you, my sons money is also only benefits but I thought I should apply for both- in retrospect, I wonder if I shouldn’t now you mentioned the above and if the success of one means they’re less likely to give the other Deputyship.

please could you pm your solicitor, I’ve put this question to my solicitor this am and tbh I thought this would’ve picked this up.
i can’t find a case whereby this has been granted to a child of 16 or less. I do want to apply by 16/17 as I’m almost sure social care will fight me on placement due to
my sons complex needs and we will be aiming to move to supported living by 18, so we start the looking process now.

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Thatsnotmycar · 26/09/2022 09:46

You can’t become someone’s deputy until they are 16. Between 16 and 18 is a funny age as some decisions you can make on their behalf and others you can’t.

Lesley25 · 26/09/2022 16:18

Thank you, it’s been confirmed from my solicitor too that it’s 16. So I will wait the 2 years and use a recommendation.
if I hadn’t asked the question to my solicitor I would’ve been £3,000 down!

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