Becoming a deputy for 18 year old DD

[StarcourtMall]

My DD is about to turn 18 and I’m not sure if we should apply to be deputies for her. Is there anywhere I can go for advice to explain what it means if we do / don’t pursue this?
She’s currently at college and lives with us with no plans to change that any time soon. She’s kind and sweet and trusts us so at the moment she’s happy to take our advice on things. She has no concept of the value of money and wouldn’t be able to run a house or pay bills and that would also make her vulnerable to scams etc. Who can I talk to about the options?

Have you had an assessment done by Social Services? Does she have any support at college?

No Social Services involvement ever. She has an EHCP and support at college. No one has ever spoken to us about the move from children’s services to adult so I’m absolutely clueless about what happens next to be honest.

When they first did the EHC Needs assessment, they should have contacted Social Services as part of that.

The best thing you can do is to ask for a reassessment of needs. Use the IPSEA model letter.

www.ipsea.org.uk/asking-for-a-re-assessment-of-a-child-or-young-persons-needs#:~:text=A%20re%2Dassessment%20is%20an,plan%20is%20not%20good%20enough.

Tell the LA you need a reassessment as the first one was not carried out properly as there was no assessment of social care needs, and there has been no provision for preparing for adulthood. (This should have happened from Year 9 onwards )

Information here about EHCNAs and who should be asked for advice:

www.ipsea.org.uk/what-happens-in-an-ehc-needs-assessment

You may find useful information in this document:

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/398815/SEND_Code_of_Practice_January_2015.pdf

Chapter 8 talks about preparing for adulthood.

Thank you I will have a read through.

So reading that it sounds like as a parent you can help the young person make decisions even without being a deputy?

We've never been a "deputy" (not really sure what you mean by that to be honest) and our son is now 25.

However I am his appointee for his benefits, I am noted as his carer at the GP's and for anything else he just has to give his permission if he wants us to deal with something for him.

I guess it all depends if you consider your daughter has mental capacity or not. But this would be something SS would talk to you about.

OP you would start by asking does DD lack mental capacity? Mencap may have something on their website or be able to help if you spoke to them.

Ellie, a deputy is someone who can legally make decisions for someone who lacks capacity. You apply via the court of protection. There are 2 types - one for property and financial affairs and one for personal welfare (for things like medical and social care needs). You can be one type but not the other, the later type is harder to become. You don't usually need the first type if sole income is from benefits and there isn't savings, property etc. because being appointed will suffice.

I am an appointee for her benefits. I think it sounds like we don’t need to do it, I just wanted some advice to make sure so we don’t come unstuck later.

My daughter is 22 and has SLD and my husband and I are court appointed health and welfare deputies for her. I would strongly advise any parent in a similar situation to follow this route. As a PP said, if the only income is from benefits then being a DWP appointee is usually sufficient for that.

It is a lengthy process and took approx 11 months from start, I used a solicitor (but there is a poster on here who did it herself) and it is helpful if they are up to speed with the process and used to doing them, lots don't have a clue. It is much more complex than a POA and expensive! Price is approx £1500 include a court fee of approx £300. There is a yearly report to complete of decisions you have made and the reasons behind them

Essentially, if you don't have deputyship protection then health and social care can make decisions that you may strongly disagree with but they consider in the person's 'best interest' and can override you as parents.

IME, Social care don't encourage parents and carers to be aware of this or pursue it. We found it really helpful in dealing with social care when picking a day service for my daughter. It allows decisions for my daughter to be made by those who know her the best and not governed by budgets and spreadsheets.

You can be both a financial and a welfare deputy. We only went for health and welfare as that was vital leading up to transition from college.