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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 7587
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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My son is 22 years old and has very profound learning

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my son is 22 years old and has very profound learning disabilities and other disabilities. I am his mother and his main carer. Do i need a power of attorney, as he cannot understand things himself, cannot talk or sign?
JA: Where is your son? It matters because laws vary by location.
Customer: Living me with me, in London
JA: What steps has your son taken so far?
Customer: He can't do anything. I have always done things for him.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no, thank you.
Customer: replied 1 year ago.
File attached (TQGTZQG)

Good afternoon

A Power of Attorney (PoA) will not help because a person must have mental capacity in order to grant a power allowing another person to act on their behalf. Your son would need to understand what a PoA is and the effect of it and it appears very unlikely that this is the case.

You will need to apply to the Court of Protection to become his deputy to enable you to deal with everything on his behalf.

A local solicitor or the the Citizens Advice Bureau can assist you with the paperwork.

If there are any further points kindly reply I will be happy to respond.

Otherwise please either click to accept or rate my answer on the system.

Best wishes


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Customer: replied 1 year ago.
Hello, I did not know this at all. Thank you so much for your answer. It was very helpful. Pascale

My pleasure