LPA Setup for Son with Special Needs
The client is attempting to establish a lasting power of attorney (LPA) for their special needs son, who is 19 years old. The client resides in a region in the UK and is seeking assistance with understanding the process, as they find it confusing. The matter involves elements of guardianship and special needs planning.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow do I start the process of setting up a lasting power of attorney for my son who has special needs?
To start the process of setting up a Lasting Power of Attorney (LPA) for your son with special needs in the UK, begin by selecting the type of LPA: Property and Financial Affairs or Health and Welfare, or both. Download the necessary forms from the Gov.uk website. Fill out the forms, ensuring all details are accurate, and have them signed by a certificate provider who confirms your understanding and lack of undue influence. Select attorneys who will act on your son's behalf. Once completed, submit the forms to the Office of the Public Guardian (OPG) along with the registration fee. The OPG will verify and register the LPA, making it legally binding. Consider consulting a solicitor experienced in LPAs for guidance tailored to your son's needs.
What are the differences between a lasting power of attorney and guardianship, and which is more suitable for my situation?
A Lasting Power of Attorney (LPA) allows you to appoint someone to make decisions on behalf of your son while he still has the capacity to do so. It is often less restrictive and offers more flexibility since you choose who acts as the attorney. Guardianship, or a deputyship under the Court of Protection, comes into play when someone lacks capacity, offering court-appointed authority but with more oversight. In your case, since your son is 19 with special needs, an LPA might provide more control and adaptability for his interests.
What considerations should I keep in mind when appointing an attorney for my son with special needs?
When appointing an attorney for your son with special needs, consider the individual's ability to manage financial and health decisions with sensitivity and understanding. Ensure the attorney is trustworthy and willing to act in your son’s best interests, considering both his current and future needs. Evaluate their ability to communicate effectively and respectfully, especially regarding your son's preferences and rights. Review the scope of power you wish to grant; it can be tailored to specific decisions. Check the attorney’s understanding of disability support systems and relevant legal obligations.
Are there any specific forms or documentation I need to prepare when applying for a lasting power of attorney for someone with special needs?
When applying for a lasting power of attorney (LPA) for your son with special needs, you need to complete specific forms. Primarily, you'll require the LPA for Health and Welfare and/or LPA for Property and Financial Affairs forms, available from the Office of the Public Guardian (OPG). You'll also need to prepare a certificate provider's statement, which confirms your son understands the LPA and is not under pressure to sign it. Additionally, you'll need to notify certain people about the LPA application. Once completed, the forms must be registered with the OPG before the LPA can be used.
What are the potential legal challenges or obstacles I might face when establishing a lasting power of attorney for my son?
When establishing a lasting power of attorney (LPA) for your son, you might face several challenges. Firstly, ensuring your son has the requisite mental capacity to understand and agree to the LPA is crucial, as lacking capacity could necessitate a deputyship instead. Additionally, identifying and appointing suitable attorneys who will act in your son's best interests and ensuring they understand their responsibilities can be complex. There might also be objections from family members or others concerned about your son's welfare, which could lead to disputes. Processing times with the Office of the Public Guardian (OPG) can be another hurdle, as errors in the application can cause delays.
