The importance of a Power of Attorney for young adults with disabilities
When a young person transitions into adulthood at the age of 18, they are legally recognised as having the ability to make their own decisions, to understand information and make decisions about their life. However, due to either a physical or mental disability, the young adult may not have the ability to understand and consent to an arrangement at the time it is made. Capacity to make a decision can vary depending on the time that the decisions needs to be made and the type of decisions to make – indeed capacity can vary from day to day.
A Lasting Power of Attorney (LPA) can be particularly helpful during the transition from child to adult services as parents automatically lose legal authority one a child turns 18. For young adults with disabilities, managing financial, legal and healthcare matters independently can be challenging, so setting up a lasting power of attorney can be particularly beneficial for those who might need support in these areas.
An LPA is a legal document that can be used to appoint one or more individuals to make decisions on their behalf. For these young adults, this can be particularly valuable in ensuring continuity of care post 18 and financial stability. Choosing the right attorney will be especially important for young adults with disabilities. This can be anyone they young adult chooses and trusts, for example, parents or close family members, but it could also be a trusted friend or a professional. Whoever it is, it should be someone that understands the young person, their needs, can communicate well with them and can be trusted to acts in the young person’s best interests taking into consideration the five MCA key principles – Mental Capacity Act 2005 at a glance – SCIE. It is important that the chosen attorney does not assume control of decisions and recognises the need to continue to support the young person to make the decisions that they can, ensuring that the correct balance between empowerment and protection is maintained.
The process of setting up an LPA for a young adult with disabilities involves completing the necessary legal documents and registering them with the Office of the Public Guardian. It is advisable to seek guidance from a solicitor to ensure that these are completed correctly and that they are tailored to the individual.
Having an LPA in place at the earliest opportunity can prevent complications later, for instance if an individual’s circumstances change. If an attorney is able to step in, they can relieve the pressure for the young person.
If a young person does not have capacity to make and understand decisions, then families can apply to the Court of Protection to become a deputy instead. A deputyship allows someone (often a parent) to make decisions about finances, property and sometimes health and welfare.
Sam Woodley is a caseworker in the later life team at Barker Gotelee Solicitors in Suffolk.
For more information on our range of legal services, including information about setting up a Lasting Power of Attorney for a young adult with disabilities please call the Private Client Team on 01473 611211 or fill out our enquiry form.
