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.