Helping Vulnerable Adults Manage their Affairs

We are often asked the question “ My child is not able to look after their financial affairs and I need to manage these for them but they are over the age of eighteen. How do I do this?”

There are a number of legal mechanisms available under UK law to help with this:

Lasting Power of Attorney (LPA):

If they have already set up an LPA: If your child has made a Lasting Power of Attorney and appointed you as their Attorney, you can manage their affairs according to the LPA’s terms. The LPA must be registered with the Office of the Public Guardian (OPG) to be valid. There are two types of LPA: one for Property and Financial Affairs, and another for Health and Welfare.

If they have not set up an LPA: Your child would need to set up an LPA while they have the mental capacity to do so. If they are unable to set up an LPA due to their vulnerability such as a medical condition or an accident that has affected their mental capacity, you will need to explore other options. An example of when an LPA can be used is when your child has suffered an accident that affects them physically and leaves them bed ridden but mentally they have full capacity to provide you with the consent and sign the documents to put an LPA in place. If your child has suffered from a mental condition from childhood or an accident which affects their mental capacity an LPA would not be suitable.  

Court of Protection:

Applying for Deputyship: If your child lacks the mental capacity to manage their own affairs and has not set up an LPA, you can apply to the Court of Protection to become a deputy. This involves:

• Making an Application: You would need to complete an application to the Court of Protection and provide evidence of your child’s lack of capacity and the need for you to manage their affairs.
• Deputyship Orders: If the court agrees, it will issue a Deputyship Order that grants you legal authority to make decisions on your child’s behalf. There are two types of Deputyship: one for Property and Financial affairs and another for Personal Welfare.

Managing Finances Without Formal Authority:

In some cases, you might be able to help manage your child’s finances informally if their accounts are set up with your name as an additional signatory or if you have their consent to manage their financial matters. However, this is not a formal legal arrangement and may not be sufficient for more complex matters. They will also require mental capacity to provide such consent.

Consulting with Legal Professionals:

It will be beneficial for you to consult with a solicitor who specialises in mental capacity and deputyship matters. They can advise you of the fees involved for each option, guide you through the application process and ensure that all legal requirements are met. We can help you at Hopkins Solicitors at any of our branches.