Parents, decision making powers and young adults incapacity
- When young adults 16 and over have capacity they make their own decisions.
- This can include the right to appoint an attorney to make decisions for them.
- This can include allowing the attorney to make financial or welfare decisions for them.
- But welfare decisions can only be made by the attorney if the young adult loses capacity.
- Where a young adult has no capacity a court application for Guardianship is required.
- This is necessary for “big” decisions such as accommodation changes, medical and care issues.
- Until a “big” decision is required routine decisions usually continue to be made by parents. Everyone is encouraged to acquire Guardianship powers quickly to become the official decision maker.
- This sometimes includes passport applications/renewals.
- This can include decisions about money benefits which can be paid by the DWP to parents.
- Urgent medical decisions can still be made by doctors.
- When a “big” decision has to be made parents must apply for a Guardianship.
- Should parents/carers not apply for a Guardianship the local authority may apply.