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Adults with Incapacity

Young Adult in a residential school in north of Scotland, authority to move to Supported Accommodation, parents seeking Self Directed Support

We helped the parents of an 18 year old adult with severe Learning Disabilities, Autism and Epilepsy boarded at a specialist residential school in the north of Scotland, whilst they lived in Edinburgh. Arrangements had to be put in place for the young adult on leaving school. Our clients identified suitable purpose, built Supported Accommodation in Edinburgh where he could live on leaving school. However they needed formal legal authority to consent, on his behalf, to a move to the Supported Accommodation, to sign a tenancy agreement, to apply for Self Directed Support and to make ongoing decisions regarding his medical treatment and care. We obtained an Intervention Order at court for our clients to allow them to complete the legal formalities together with a 5 year Financial and Welfare Guardianship appointment to apply for and manage Self Directed Support and make ongoing health and welfare decisions on the adult child’s behalf. All very technical, but it provided our clients with the comfort they were looking for.

Intervention Order, Discharge of Legal Rights, Deed of Variation, Discretionary Trust

A 48 years old adult with severe disabilities. He was well settled in Supported Accommodation with a care package fully funded by the Local Authority. His mother died leaving no provision for him in her Will. She bequeathed her estate to her nephews and nieces. The adult child was entitled to a Legal Rights claim of £200,000 in his late mother’s estate. The Local Authority did not wish to take steps to have a Financial Guardian appointed to manage the Legal Rights, if claimed. They believed Mr R’s funds would be better managed in a Discretionary Trust, of which he would be a potential discretionary beneficiary. Our client was a cousin of the adult. We successfully obtained an Intervention Order authorising our client to sign a Deed of Variation on the adult’s behalf discharging the entitlement to Legal Rights and putting in place a Discretionary Trust of which the adult was a potential beneficiary.

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