Q: I am a single mum with an autistic daughter aged 17. She is physically able but is non-verbal and will never achieve the mental capacity of an adult. I have taken care of her on my own and fought for her rights all her life. I am now worried what will happen when she reaches 18. Will I still be able to have a say in what happens to her? And what will happen about her financial affairs and well-being if something happens to me?
A: Once an autistic child in England and Wales turns 18 they become an adult and legally your parental responsibility ends, meaning you no longer have automatic rights to make decisions about their care, education or finances. Until it is formally established through assessments that as an adult your daughter lacks mental capacity to care for herself and make decisions, it will however be deemed that she can make her own decisions about all aspects of her life.
Under the Mental Capacity Act 2005, mental capacity is ‘decision specific’, So your daughter would need to be assessed in respect of every aspect of her life where she requires help and support in decision-making. In her case it seems likely a Deputy would need to be appointed, which could be you. A Deputy is someone given authority by the Court of Protection to make decisions for a person who lacks capacity. It would ensure your daughter receives the continuing care and provision she needs.
You can apply for a Deputyship Order for your daughter’s Property and Financial Affairs and/or her Health & Personal Welfare. More than one Deputy can be appointed, to act jointly or severally. There are many issues you will need to consider when seeking to obtain a Deputyship Order, including Education, Medical Services, Income and Finances, Living Arrangements, Safety, Decision-Making and Vocational & Other Services. This may seem overwhelming, but a solicitor can help with all of it.
This question has been answered by Ulia Choudhry, a Partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
