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power of attorney? - Carers UK Forum

power of attorney?

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As parents of a young man with severe learning didabilities we are becoming increasingly concerned about decisions and assumptions being made about our son. It seems that because he is an adult we have no real say over what happens to him in the future. I have looked at the governmetn website about power of attorney but it seems to relate to people who have the mental capacity to elect someone, which my son doesnt have.
Has anyone gone through this or point us in the right direction?
Hi Daisy

Go back to the website and look at the Courts of Protection (used to be the Office of Public Guardianship). They can grant a POA on behalf of someone who has impaired mental capacity.

Alternatively you need a Solicitor who is versed in Family Law - if you go down the POA route I would recommend that use a solicitor in any case.

Hubby has POA over MY care should it arise in the future. He can't sign his name on the forms, so our solicitor signed it on his behalf (I wasn't allowed to) and two more solicitors signed to witness her signing on his behalf. They all turned up at our house to do this, took less than 5 minutes! The Office of Public Guardian had never come across this before, where someone with a disability wanted POA over their carer's affairs (it's usually the other way round isn't it?) and with some strange discussions between them and our solicitor, she persuaded the OPG that it was fine, perfectly feasible and why not? Just because he couldn't sign his name on the forms, didn't mean that he wasn't allowed to take care of my welfare etc. We are POAs for each other.
Your first step would be to find a solicitor who deals with POAs, not all of them do. Good luck.