Introduction

As young people approach the 16 and 18, they will able to make more decisions within their lives. A young person could begin to manage bank accounts, trust funds and their own medical care. Parents of young people with learning disabiltiies will not be able to autmatically make decisions for them. It is essential that families understand the legislation and support around transition.

Capacity / deptutyship / Lasting Power of Attorney

Friends and families are important networks to help individiuals with learning disabilities make decisions. The mental capacity act 2005 underpins the approach that should be taken to support young people. The Social Care Institute for Excellence have an informative website on the act and videos to explain the key principles: https://www.scie.org.uk/mca/introduction/mental-capacity-act-2005-at-a-glance .

Mind have created a helpful website which goes through key areas that relate to the act: https://www.mind.org.uk/information-support/legal-rights/mental-capacity-act-2005/overview/

It is important to recognise that lots of things will change in terms of decision making, especially as young people turn 18. Young people can start to make indepdendent decisions about their health and education at 16, at 18, parents will not automatically be eligible to make decisions on their behalf.

Lasting Power of Attorney Vs Deputyship

There are some core differences between being an attorney and being a deputy. One of the differences is that the “donor” (the person giving power) must have caopacity to give power to an attorney (a person who would act for another). If a young person is assesed not to have capacity, then to be in a decision-making position, families will need to go to the Court of Protection and apply to be a deptuy or a one-off decision. One-off decisions allow the court to make decisions when a series of decisions may not be necessary

https://www.gov.uk/oneoff-decision-personal-welfare

https://www.gov.uk/become-deputy

Wills and Rules of Intestacy

There may be a time when you may not be around to support your young person. It is important to communicate and arrange your estate (what you own) in a way that you want. If a will is not made, your estate could be left to your family through intestacy. Citizens Advice wrote an article which explains the rules: https://www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/

To understand more about what is involved in making a will, follow these link:

https://www.citizensadvice.org.uk/wales/family/death-and-wills/wills

https://www.moneyhelper.org.uk/en/family-and-care/death-and-bereavement/sorting-out-the-estate-when-there-is-a-will

Banking

Young people with disabilities have the right to manage their own bank accounts if they are capable to do so. Families and support should refer to the mental capacity act 2005 code of practice to find out how to best support their young people.

Here is a UK goverment document that introduces all of the topics in this section: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1106510/manage-a-bank-account-for-someone-else-large-print.pdf

Each bank has a different policy, here are some of the banks in the UK:

Lloyds Bank - https://www.lloydsbank.com/help-guidance/supportandwellbeing/someone-to-manage-your-affairs/types-of-access.html

HSBC - https://www.hsbc.co.uk/help/life-events/court-of-protection/faqs/#:~:text=A%20deputy%20is%20a%20person,to%20manage%20their%20own%20affairs.

Santander - https://www.santander.co.uk/assets/s3fs-public/documents/power_of_attorney_factsheet_may21.pdf

Barclays - https://www.barclays.co.uk/third-party-access/

Royal Bank of Scotland - https://www.rbs.co.uk/life-moments/caring-for-vulnerable-relatives.html

Natwest - https://www.natwest.com/life-moments/caring-for-vulnerable-relatives.html?q=appointeeship&brand=NATWEST&section=personal&enginekey=wYnTjXmfABgYKBU6GMG3

Halifax - https://www.halifax.co.uk/helpcentre/someone-to-manage-your-affairs/types-of-access.html#:~:text=Order%20expandable%20section-,If%20you%20lose%20mental%20capacity%20and%20have%20not%20previously%20made,who%20can%20handle%20your%20affairs.