I have an adult daughter with physical disabilities and a mild learning disability who lives at home with me & the rest of our family. I am her appointee with regards to benefits but we do not hold POA for either health or finances.
We recently had a annual review of her care package in which the Care Manager referred to a POA being in place- I don’t know where she got this from as we didn’t even discuss it and I didn’t put her right as she had made the assumption and felt it may open up a can of worms if I did and I may get harassed into feeling obliged to do it.
I have now recieved a message from the care agency we use to say Social Services and CQC guidelines have changed and now require care agencies to hold on file details as to whether clients have a POA in place and to provide a ‘V number’.
Would like to ask others am I legally obliged to hold POA for my adult daughter? Our services have shrank so much, they were pretty awful anyway and I resent their interference regarding this matter. My daughter is quite capable of making decisions about most things but would need guidance and help with others like most people so it seems irrelevant to me.
As your daughter has a mild LD she might be able to give you POA, but make sure a solicitor does the Mental Capacity Assessment first, one who understands special Needs.