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Maverick, Advocate
Category: UK Law
Satisfied Customers: 6422
Experience:  20 years proefessional experience
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How can i get power of attorney disabled son

Customer Question

how can i get power of attorney for my disabled son
Submitted: 2 years ago.
Category: UK Law
Expert:  Maverick replied 2 years ago.
What type of disability is involved. Mental or physical? Please provide background information about when and how the disability arose.
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Maverick replied 2 years ago.
Thank you for requesting a live phone call. Please know that I am currently not participating in that option offered by JA. If you want another expert to assist you just hit the "opt out" button on your end to release my lock on this question.
If you want me to continue, just take a brief moment to answer my info request and I feel we will be able to move forward pretty quickly. The live phone call option will cost you more money.
Customer: replied 2 years ago.
Customer: replied 2 years ago.
non vebal from birth
Customer: replied 2 years ago.
learning difficulties and epilepsy
Customer: replied 2 years ago.
25 years old
Expert:  Maverick replied 2 years ago.
The first issue to be decided here is whether your adult son "has mental capacity" to execute a power of attorney.
Mental capacity is defined in the Mental Capacity Act 2005 (the Act), which assumes a person has mental capacity unless it is proven otherwise. Under the Act, people are assumed to have capacity if they:
1. understand information relevant to a decision
2. remember that information long enough to make a decision
3. use or weigh up the information available when making the decision or
4. communicate their decision in any way which can be recognised (eg using sign language or any other understandable way).
Further key points are:
1. a person's lack of capacity may be only partial or temporary
2. a person may lack capacity in respect of one matter but not others
3. the inability to make a decision must be the result of an impairment or disturbance of the functioning of the brain.
4. when determining capacity a decision should not be made merely on the basis of a person's age, appearance or unjustified assumptions about capacity based on the person's condition or behaviour.
So, based on what you know about you son and the above, can he be said to have "mental capacity" to make his own decisions. In other words, would he be able to use some alternative means of communication to express his desire, including the desire to appoint you as his power of attorney?
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare I am in the UK and I will do my best to help you.
If your son is non verbal it is likely to be difficult to show that he has sufficient Mental Capacity to sign a Lasting Power of Attorney.
On that basis you only option is to apply to the Court of Protection to be appointed as his Deputy
You can read more here
I hope that this is of assistance - please ask if you need further details
Expert:  Maverick replied 2 years ago.
Please also see my info request and partial answer 2 screens above.
At the link above you will find information on how to apply to the court of protection to be his deputy if you believe your son in fact lacks "mental capacity". You will also find information there about the power of attorney.
Customer: replied 2 years ago.
is there any other document to show that i have his best intrests
Expert:  Maverick replied 2 years ago.
If you are asking about the "enduring power of attorney" (EPA), it was replaced with the property and financial affairs lasting power of attorney (LPA) in October 2007.
Expert:  Clare replied 2 years ago.
Could you explain a little more about what you need the Power for?
Expert:  Maverick replied 2 years ago.
I noticed that another expert is also attempting to assist you with question. Did you want to continue with that expert? You can press the "opt out" button on your end of the portal and it will lock me out of the question.