Estate PlanningLasting Power of AttorneyAdult Children and Management of their Finances

28th July 2021Manisha Chauhan0
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When your child is a minor, as the parent, you are able to manage their finances for them. However, what happens when they reach the age of 18 and considered to be an adult?

This article will focus on adult children who may suffer from a disability from birth, a brain injury or even learning disabilities which may make them unable to manage their own finances.

There are many parents that may be in the position where they have children who are dependent on them as a result of a disability and/or where continuous care is required. As the children grow older, they will most likely need to the support from loved ones also.

Once the child turns 18 however, as a parent you cannot continue to manage their finances for them in the same way you could previously.

Depending on the capabilities of your child, they may have the capacity to manage their own finances but may also require your support. There may be other instances where the child simply does not have the required mental capacity to manage their own finances and therefore understand the effects of some of the financial decisions made by them.

Your options are therefore putting a Lasting Power of Attorney (LPA) in place or an application to the Court of Protection for a deputy to be appointed.

An LPA can be created which will enable the appointed attorney(s) to help make decisions on the child’s financial affairs and even their health and welfare. Any decisions made by the attorney must always be in the interest of the donor. An LPA can only be made if the donor, the child in this case, has the requisite capacity.

It is important for us to add that just because someone does not have the capacity to make complicated decisions on their finances, does not automatically mean they do not have the capacity to understand and make an LPA at all. In such cases a professional capacity assessment should be carried out.

If your child does not have the capacity to make an LPA and their financial assets still need to be managed by someone, a deputy will need to be appointed and this will require an application to the Court of Protection. A deputy could be a family member or even a professional deputy.

For more information about making a Lasting Power of Attorney, please contact a Member of the Society of Will Writers. Find someone local to you here

Manisha Chauhan

Manisha joined the Technical Advice Team in July 2019 having previously worked as an Employment Solicitor in Warwickshire before relocating to Lincolnshire. Manisha provides advice on technical queries daily and works alongside Siobhan Smith also providing ongoing support on Sure Will Writer.

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