Learning Disability and Wills

LocoLoco

Hi there,

I wonder if anyone could help me out? My son is almost 16, complex needs, and I've been doing a bit of research into managing 'adult' things for him - generally money and decision making matters that an adult would deal with themselves but that he is often unable to as he has learning difficulties and doesn't understand concepts and complex issues.

I was looking into becoming a finance deputy for him but it seems that, because his only income will be from benefits and he doesn't have an awful lot in savings, the annual charge will mean he's better off financially if I remain his appointee rather than applying to become his deputy.

That got me looking into wills, where I found that he won't be considered capable of making one and that, again, due to the fact there isn't a lot of money there there isn't any point getting a will drawn up as the process is quite complex and expensive.

This then led me to looking into where his money/savings/pensions/possessions would go and I discovered that if his father outlives myself and my son, he would inherit and if his father has also died then his father's two daughters would inherit.

He's never had any contact with his dad or the two half sisters and his dad has made very little in the way of financial contribution to his upbringing (probably a total of around £4,000 over sixteen years).

I've been very frugal and careful with money and gone without a lot in order to build up a small (around 5k) pot for my son and a small pension for him. What I was hoping to do from now on was work as much as possible to save as much as possible so I can leave him as much as possible when I die. I appreciate (and hope) that my passing, and subsequently my son's, is still a long way off, but the thought of his dad or his dad's daughters getting anything that's left over from all my years of hard work and going without is galling, to say the least!

I just wondered if anyone had a similar experience of trying to organise money for someone on a low income as it seems that the things that are set up to help are really aimed at people with a lot of money to manage? Or any ideas/suggestions for me to keep in mind?

Many thanks in advance

elsien

Bear in mind that depending on how much you save, and how it's left to him, it may affect his entitlement to benefits. You'd need to look into some sort of trust.
There is nothing you can do about the will situation. If he can't make one then the intestacy laws are followed and there's nothing you can do about it.
With the level of disability that he has, he will always have the state to care for him. I'd tend to say use the money in the time you have together to have good experiences and build up memories.

Tigsteroonie

Mencap have a wills and trusts service, with some information on their website, some in booklets, and they also offer seminars around the country each year. There might be something in their information to guide you?

Note. I'm not promoting their trusts service here - just pointing you in the direction of some information

LocoLoco

Thank you, Elsien and Tigsteroonie, I have set up a Trust for him through Mencap, they were very helpful and I did just email them about this as well, just in case they have another idea. I am just finding it so galling that his !!!!less, useless father or his other children (I've nothing against them but they are complete strangers to my son) might end up with some of my hard earned money! I'd assumed you'd at least be able to leave it to a charity or something. Looks like I need to start spending a bit more, lol, I like your idea of using it to build memories and good experiences, Elsien, I will focus on that at least it's a nice way to spend it!