Occupiers consent form

LoopyLoops

We have hit a (slight?) problem.  Our lender want our adult children to sign a consent form.  The problem is children all have special needs and lack capacity to understand what they are signing.  Two have learning difficulties with the youngest being unable to read or write.  Our solicitor is trying to sort this out, but now I’m worried we won’t get a mortgage if they don’t sign.  I’m inpatient and also worried.  So wondering if any one have any experience of this?  

I don’t have legal guardianship for any of them as it is stressful process and haven’t felt the need.  I am appointee for all 3 in the eyes of the government, doctors, etc. and deal with all forms and correspondence.  Our lender (hopefully) is West Brom.  

Any thoughts gratefully appreciated! Thank you! 

Hoenir

Perhaps time to consider formalising your arrangements. From the lenders perspective the occupiers consent form is an important legal document. What if scenario's need to be considered however unlikely they might seem at the current time. 

Elchie232

If they have learning difficulties and over the age of 18, would you not have capacity to consent on their behalf? Who currently makes their life decisions to their best interests? Has a solicitor and a healthcare professional already assessed and confirmed they do not have capacity to make decisions and consent?

user1977

Elchie232 said:

If they have learning difficulties and over the age of 18, would you not have capacity to consent on their behalf?

Not merely by being their parent, no.

LoopyLoops

Elchie232 said:

If they have learning difficulties and over the age of 18, would you not have capacity to consent on their behalf? Who currently makes their life decisions to their best interests? Has a solicitor and a healthcare professional already assessed and confirmed they do not have capacity to make decisions and consent?

It’s a very complex situation.  It has to go in front of a judge. Getting a judge to grant rights over an adult with disabilities is actually very hard.  You have to prove to a very high level the persons needs and you have to meet certain criteria.  Quite rightly, but it can also leave some adults very vulnerable if they don’t meet all criteria.  Also, as a parent having to go through it is very hard.  We fill in so many forms over the years talking about our child’s difficulties.  No one asks their strengths. But anyway.  No I don’t.  Although 2 of my children wouldn’t understand the forms they don’t meet the criteria for a high enough need for me to have guardianship. My youngest is only 17 and has the highest level of need.  She may well meet the criteria, but until she is 18 I can’t even think to apply.  But as she is 17 she is required to sign.  So leaving us a little stuck if the lender won’t see / understand the difficulty.  Even if I find her a solicitor she likely won’t understand what is explained to her and why she has to sign, she will only hear certain parts of the info. It will worry her and play on her mind.  She may even end up thinking it means she can’t live with us. 

The government and the children’s GP do understand and have granted me as appointee for each of my children, so all letters (should) come to me, or I also get a copy of any correspondence.  The may be enough to convince the lender.  But if it doesn’t I don’t know where this will leave us.  

Elchie232

user1977 said:

Elchie232 said:

If they have learning difficulties and over the age of 18, would you not have capacity to consent on their behalf?

Not merely by being their parent, no.

My understanding is when a child becomes an adult, the consent is not automatically with the parent anymore. Consent is with the adult unless they do not have capacity to consent.

Elchie232

LoopyLoops said:

Elchie232 said:

If they have learning difficulties and over the age of 18, would you not have capacity to consent on their behalf? Who currently makes their life decisions to their best interests? Has a solicitor and a healthcare professional already assessed and confirmed they do not have capacity to make decisions and consent?

It’s a very complex situation.  It has to go in front of a judge. Getting a judge to grant rights over an adult with disabilities is actually very hard.  You have to prove to a very high level the persons needs and you have to meet certain criteria.  Quite rightly, but it can also leave some adults very vulnerable if they don’t meet all criteria.  Also, as a parent having to go through it is very hard.  We fill in so many forms over the years talking about our child’s difficulties.  No one asks their strengths. But anyway.  No I don’t.  Although 2 of my children wouldn’t understand the forms they don’t meet the criteria for a high enough need for me to have guardianship. My youngest is only 17 and has the highest level of need.  She may well meet the criteria, but until she is 18 I can’t even think to apply.  But as she is 17 she is required to sign.  So leaving us a little stuck if the lender won’t see / understand the difficulty.  Even if I find her a solicitor she likely won’t understand what is explained to her and why she has to sign, she will only hear certain parts of the info. It will worry her and play on her mind.  She may even end up thinking it means she can’t live with us. 

The government and the children’s GP do understand and have granted me as appointee for each of my children, so all letters (should) come to me, or I also get a copy of any correspondence.  The may be enough to convince the lender.  But if it doesn’t I don’t know where this will leave us.  

Not sure if this is applicable to your situation, but in Scotland you can get an intervention order which would allow the parent to sign a one off document on behalf of the children. As its just a one off document the threshold to have it granted may be lower. 

LoopyLoops

Elchie232 said:

LoopyLoops said:

Elchie232 said:

If they have learning difficulties and over the age of 18, would you not have capacity to consent on their behalf? Who currently makes their life decisions to their best interests? Has a solicitor and a healthcare professional already assessed and confirmed they do not have capacity to make decisions and consent?

Not sure if this is applicable to your situation, but in Scotland you can get an intervention order which would allow the parent to sign a one off document on behalf of the children. As its just a one off document the threshold to have it granted may be lower. 

Thanks for the thought, but we don’t appear to have the intervention order in England. 

Elchie232

LoopyLoops said:

Elchie232 said:

LoopyLoops said:

Elchie232 said:

If they have learning difficulties and over the age of 18, would you not have capacity to consent on their behalf? Who currently makes their life decisions to their best interests? Has a solicitor and a healthcare professional already assessed and confirmed they do not have capacity to make decisions and consent?

Not sure if this is applicable to your situation, but in Scotland you can get an intervention order which would allow the parent to sign a one off document on behalf of the children. As its just a one off document the threshold to have it granted may be lower. 

Thanks for the thought, but we don’t appear to have the intervention order in England. 

Ah sorry about that. A solictor should already know this but I will suggest it anyway.. You can apply to the Court of Protection to get an order appointing yourself deputy in relation to the mortgage consent form. You dont need a solicitor to submit an application though. So you could in theory, submit an application with any medical evidence to see if you can be appointed. My first play would be to explain all this to the lender to see if its definitely needed.

LoopyLoops

Thanks Elchie232, I will look at this for the future. 

Just to update for anyone who finds themselves in a similar position.  West Brom have confirmed hey are ok with the forms not being signed.  So that’s a little less to worry about.