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Power of attorney

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alyssiamarie15
alyssiamarie15 Community member Posts: 1 Listener
Hi, 

my names michelle.  My son Jordan has a severe learning disability... need some advice about how to go about power of attorney and also not sure what it’s called but it’s the other legal thing to do with the medical side of things... and also wills and how to protect there money

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  • Ami2301
    Ami2301 Community member Posts: 7,935 Disability Gamechanger
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    Hi @alyssiamarie15 welcome to the community! 

    Have you checked out the information in our 'Power of Attorney/Becoming an Appointee' and 'Will Trusts' section?

    Hope this helps, let us know if you need any further help :)
    Disability Gamechanger - 2019
  • steve51
    steve51 Community member Posts: 7,147 Disability Gamechanger
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    Hi @alyssiamarie15

    Welcome it’s great to meet you this evening.

    Yes my good friend @Ami2301 has given you some great advice and info.

    Please please let me know if I can help you further ??????

    @steve51
  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,790 Disability Gamechanger
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    Hi @alyssiamarie15, and a warm welcome to the community! Great to have you here.

    Do have a look at the links provided above by Ami about power of attorney, as there's lots of useful information there. If you have any further questions, do come back to us and we'll do our best to advise. 
    Appointeeship

    You can apply for the right to deal with the welfare benefits of someone who cannot manage their own affairs because they are physically or mentally incapable of doing so themselves at that time.

    Power of attorney

    A lasting power of attorney is a legal document that lets you appoint people to make decisions on your behalf if you became unable to make your own decisions.

    You must be 18 or over and have the ability to make your own decisions when you make your lasting power of attorney. If you do not have mental capacity you may need a court-appointed deputy.
  • poppy123456
    poppy123456 Community member Posts: 57,159 Disability Gamechanger
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    Hi,

    To apply for power of attorney your son must have a lack of mental capacity and you'll need proof he has this, rather than just your word for it. For this he will need a capacity assessment, if he hasn't already had one.

    Does your son have a social worker? If so then you need to speak to them about this because it's far too complicated to give advice on an internet forum.




    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • SteveE
    SteveE Community member Posts: 88 Pioneering
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    Our son "lacks capacity" (or rather we lack the ability to understand him) and the "Lasting Power of Attorney" route has never been possible. It seems we could apply to the Court of Protection but the fees involved are just too high. There seems no waiver for parents. Which seems very unfair when the country expects us to provide 24/7/365 care for life absolutely free. Good luck in your case and I hope you get some positive results.
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