Legal advice?

[Cazbrook]

Hi guys hope youre all ok

Sam is continuing to access work experience but no apprenticeship sadly yet....we will keep going lol!!

Im looking for a little legal eagle advice? He has his own bank account which has his Job Seekers allowance paid into...however as he is hopeless with money (would only ever get spent on pizzas and games lol) I get his DLA paid into my account and pay for his things (phone contract...clothes etc etc and all the boring normal stuff) out of that...he is quite happy for this to happen...however I would rather make it more official to protect me and him...I remember having "Power of Attorney" over my late mothers bank accounts when she became unable to manage and wondered can I or should I do the same for Sam? Thank you

[Melly1]

Hi Caz,

I'm glad Sam is enjoying his work experience, hopefully he'll get an apprenticeship soon.

It is my understanding that a person who is born with a learning disability who has always lacked capacity cannot grant a relative or friend Power of attorney however a relative or close friend can apply to the court of protection to be their deputy.

However, a person is always assumed to have capacity unless this can be proved otherwise. making unwise decisions does not necessarily mean someone is legally considered to lack capacity.

You can read up on it here: https://www.gov.uk/become-deputy/who-can-apply-deputy

Mencap also give info on this https://www.mencap.org.uk/search/apache ... protection

For you to receive his DLA into your bank account the DWP must have agreed it was in his best interests for you to be his appointee. Do you keep accounts of what you spend his money on? You could always put it into a seperate account just for the DLA.

Melly1

PS please let us know how this develops, it is a topic that crops up from time to time.

[Scally]

It is my understanding that a person who is born with a learning disability who has always lacked capacity cannot grant a relative or friend Power of attorney however a relative or close friend can apply to the court of protection to be their deputy.

That would breach their rights under the DDA.
Capacity is a very curious concept, and someone may well have capacity to make decisions such as granting POA whilst lacking the ability to tie their own shoelaces.
A person with a learning disability can do anything they like: ask Susan Boyle! http://www.susanboylemusic.com/en-uk/

[Cazbrook]

Thanks for the replys guys...

Yes I was made his appointee a few years ago and he understands and is quite willing to have me deal with his DLA on his behalf as he would never forward think enough to pay for essentials as such as travel and bills/clothes etc.

I will therefore keep it as it is for now or until such time as he is ever capable of independant living or says he is unhappy with the situation.
Thanks again