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 Factsheet – Transitioning into adulthood

Parenting a teenager can be challenging and parenting a teenager with FASD can be particularly difficult as they transition into adulthood. 

This factsheet has been produced by Velma Eyre and has information about:

  • the steps you might take during the teenage years to support and prepare your teenager for adulthood.
  • what transition planning is, and the Local Authority’s legal obligations towards young adults and their carers.
  • needs and capacity assessments – what to look out for.
  • options for supported living.
  • the legal routes (power of attorney, appointee, deputy) to support your young adult to manage their affairs.

Click to view more –   FASD Factsheet – Transitioning to Adulthood