Can parents of an adult with L/D complex epilepsy and autism who lack capacity get power of attorney? | LawHive - Solicitors & Lawyers Online
Can parents of an adult with L/D complex epilepsy and autism who lack capacity get power of attorney?
Hi this is my 1st post on here and im very grateful i have found this group. I have a 49yr old son who has L/D Complex Epilepsy and Autism.He has been given notice to leave his supported living accomodation who he shared with one other person.Her needs are not so great.The company who have gone in to support my son have started to get funny with myself and partner ie in the sense that they are not giving us updates how my son is.They have only worked with him for a week and today my partner went up there and he had had a seizure but was still in and out of seizure we pointed this out but they said he wasnt, plus got very nasty with my partner.We phoned the l/d nurse plus on duty S/S but have not heard anything.My question is could i have more say about my sons care if i got Court of Protection or Guardianship, i understand i cant get power of attorney as he lacks capacity.Thank you for reading this..Any help much appreciated..

Russell Fast

15th March 2022

Top Answer
NQ- SEND Advisor. Has a capacity assessment been done?

Coralee Cook

15th March 2022

1 upvote

NQ but work in social care at a senior level. As it is supported living your son must have a tenancy agreement, he can only be made to leave his accommodation if he has breached his tenancy, he would need to be served notice the same as anyone else and this would need to go through court for them to get an eviction notice. If the support provider has given notice you should be able to choose a different care provider to support him in his current home.

Bernard Sparano

15th March 2022


Social worker - has there been a capacity assessment? If he has had a seizure and staff there have not supported him appropriately, report to their management and raise it to social services as a safeguarding

Margie Ventura

15th March 2022


NQ - work in social care. If the staff aren’t recognising his siezures, this is a massive safeguarding issue and needs to be reported immediately to care manager, if you are still not satisfied, go to CQC x

Jackie Howland

16th March 2022

1 upvote

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