Mental Capacity

DEEP DIVE: Power of Attorney, Appointeeship and Deputyship

When your teenager turns 18 you no longer have a legal right to act on their behalf. If you are worried about how you might support them or if you are caring for a vulnerable adult and want legal rights to support them then this guide explains the key legal tools that allow families to continue supporting a young or vulnerable adult after they turn 18. It will cover Power of Attorney, Appointeeship and
Deputyship explaining what they are, when they apply, who can use them, key features of them and practical considerations. It will also briefly explore concepts like ‘mental capacity’, the role of the Court of Protection and Deprivation of Liberty.

DEEP DIVE: Power of Attorney, Appointeeship and Deputyship: A practical guide for families supporting teenagers and adults with FASD in England and Wales

QUICK READ: LASTING POWER OF ATTORNEY

QUICK READ: LASTING POWER OF ATTORNEY (LPA) AND FASD

When an individual with FASD turns 18, they are legally an adult and are treated as an adult by all services and providers even if that individual functions at a much younger age. A Lasting Power of Attorney can be a useful way of helping an individual with FASD aged 18 and over to manage their affairs. It allows carers and family to provide the support they may need as a young adult and beyond and to be able to show that they are legally entitled to be involved.

Making a Lasting Power of Attorney

There are two types of LPAs:

A property and financial affairs LPA gives someone the power to make decisions about money and property, such as managing a bank account, paying bills, managing benefits. This can be used while someone has mental capacity, or drafted to come into force only if the donor loses mental capacity in the future.


A health and welfare LPA gives someone the power to make decisions about things like medical care and daily routine but can only be used when someone loses mental capacity.

You can create an LPA online and apply for it to be registered. Or you can download the forms and apply by post.

The OPG (Office of the Public Guardian) will check the LPA before they register it. You must show your LPA document or a certified copy every time you act on their behalf.

FASD and the Mental Capacity Code

CLICK HERE for information on FASD and the Mental Capacity Code

This document is a practical checklist to help ensure mental capacity assessments involving people with Fetal Alcohol Spectrum Disorder (FASD) follow the Mental Capacity Act Code of Practice.

TEMPLATE LETTER: Parental/legal carer access to over 11s GP records:

This is a template (precedent) letter that parents or carers can use if a GP practice removes or plans to remove their access to a child’s online GP records purely because the child has reached a certain age (often 11–13).

This template is intended to help parents raise the issue clearly and respectfully with their GP practice so that decisions are made based on the child’s individual circumstances rather than a rigid age-based rule.

CLICK HERE for the template letter