Becoming A Deputy for Someone With Limited Capacity?

LocoLoco

Hi there,

I wondered if anyone has experience of applying to the courts to become a deputy for an adult child with limited capacity? I am currently looking into the process with regards to my son, who will be sixteen next year. I have been reading the information on the Government website and am finding it a bit confusing so wondered if anyone may have already been through the process?

Firstly, I am wanting to be able to manage his financial affairs for him, through bank accounts in his name. I feel this is important in order to keep his money separate from mine and to help him learn to manage his own money. Currently I am his appointee, but this means his money is paid into my bank account. When I looked into getting him a bank account in his own right we had a problem as he'd be expected to sign for withdrawals himself once he turns sixteen but he lacks the capacity to (a) understand what he's signing and (b) write his name without assistance. He has savings accounts that I currently sign for on his behalf but again, this changes when he turns 16. Ideally, I'd also like to set up an additional deputy/signatory on his bank account in case something happens to me so that he isn't left without access to funds.

The property and affairs part of it seemed reasonably straightforward to me, but becoming a Personal Welfare Deputy seemed more complex. I wasn't sure if it means you can get a blanket authority to make decisions regarding medical care and places to live, for example, or if you have to apply on a case by case basis. I have found it very difficult to access any kind of care or support for him through his childhood years and can only imagine this continuing through his adult life, and I would prefer not to have the added difficulty of battling people who insist he ought to be able to make decisions for himself if he isn't capable of understanding the process. From my point of view it would be easier if it had already been established by a court that he lacks capacity to understand concepts and detailed information.

Added to that there is a long history of family abuse, largely in the form of another relative making untrue claims about myself and my son. These are always sorted out and always proved to be malicious, but it's always very stressful to go through and again, I was hoping that if a court had already ruled that my son needs assistance that it would thwart these situations.

Finally, I would also like to set up a second deputy in this regard, again in case something happens to me unexpectedly.

I've already had a trust fund set up via Mencap in order to manage a lump sum my son will receive upon my death, but that only deals with that particular pot of money, not day to day banking or personal decisions. If anyone has any experience of sorting this sort of thing out and can give me their perspective on the situation I'd be very grateful. I'll keep reading in the meantime!

Many thanks