Court of Protections Deputy? Disabled dual citizenship child.

Anyone here have experience with the Court of Protections deputyships? My son is autistic and a dual U.K./USA citizen. He is also a US military dependent. As he approaches 18, I’m not sure what steps I need to start to continue caring for him. Any advice is appreciated.


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Anyone here have experience with the Court of Protections deputyships? My son is autistic and a dual U.K./USA citizen. He is also a US military dependent. As he approaches 18, I’m not sure what steps I need to start to continue caring for him. Any advice is appreciated.

In my cursory Googling, the CoP deputyship does seem like the right option, unless your son has the capacity to grant you a Lasting Power of Attorney...?  How high is his functioning?  If he has the ability to sign his name (in front of a witness) and has not already been legally declared incapacitated, I assume the LPA would be presumed valid... and that is a much quicker and cheaper option.  The CoP deputyship can take a few months and may require a solicitor to put through.

Edited to add:  Hrmm... on second thought, it looks like if he is capable of granting the LPA, then it won't become effective until/unless his functioning declines.  I think the CoP deputyship is the right answer, if it is appropriate for his level of functioning.

Also edited to add:  I should stress that you do not need a solicitor to get the deputyship.  In fact, the Alzheimer's Society website has a nice breakdown on the process, and it's not written by solicitors trying to get your business.  https://www.alzheimers.org.uk/get-support/legal-financial/application-process-deputy .

Thank you. He has limited communication skills. But, if we describe what is going on via video modeling or social stories, he can choose between options.

I’m not sure how the Court of Protections views the issue of dual citizenship and military dependency. Because he is a military dependent (and will still be considered one as an “adult child” when he reaches 18), this allows him to travel with me via US military aircraft all over the world. On top of that, he gets some medical care in the USA which requires us to go back to America every 6 months. I wonder if the COP will end his treatment. If so and an LPA isn’t an option, we may have to consider moving back to the USA the days before his 18th birthday. 


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Thank you. He has limited communication skills. But, if we describe what is going on via video modeling or social stories, he can choose between options.

I’m not sure how the Court of Protections views the issue of dual citizenship and military dependency. Because he is a military dependent (and will still be considered one as an “adult child” when he reaches 18), this allows him to travel with me via US military aircraft all over the world. On top of that, he gets some medical care in the USA which requires us to go back to America every 6 months. I wonder if the COP will end his treatment. If so and an LPA isn’t an option, we may have to consider moving back to the USA the days before his 18th birthday. 

I imagine the UK CoP would only have authority in the UK, and you would probably need to seek guardianship in the US to make medical and financial decisions for him there, as well.  Being international does make this all a bit trickier.

I can't think of why the CoP deputyship would end his US treatment.  Is his treatment through Tricare (which continues to age 21, or 23 if enrolled in full time studies)?  What is your specific concern?

Have you looked into applying for "Incapacitated Child" status for him, to continue his military benefits indefinitely?  (I understand that's not easy to get, and the decision-makers are a bit inconsistent in determining who meets the criteria, but it's worth trying... that is, if you don't already have that in place and that's what you mean by "adult child".)

“Incapacitated Child” is part of it.
https://milconnect.dmdc.osd.mil/milconnect/help/pdf/tyabrochure.pdf

He would also continue to have base/military privileges.

As far as returning to the USA for treatment, the U.K. has not approved ANY treatment for autism in the NHS. The NHS will not even provide him with an appointment with neurologist. When I discussed this with the NHS Border Partnership, they directly told me that, while autism is a neurological condition, the NHS can’t provide this service to those with autism because of the cost. As such, we go back to see his neurologist and psychiatrist in the USA every 6 months and get another 6 months of medicine for him.


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Would it be cheaper for you to pay privately here for the treatment than for you to make the trip to the US twice a year?

Would it be cheaper for you to pay privately here for the treatment than for you to make the trip to the US twice a year?

And not just the financial cost, but the difficulties that you must experience with making that trip.  That journey is surely a big stressor for him.  This is assuming there is suitable treatment here, even going privately...?

Sadly, no. The treatment isn’t available in the U.K. at all. The only way to continue treatment is to return to the USA. He has been on this treatment for nearly a decade and it has helped him immensely. He went from being completely nonverbal to being able to speak a little and communicate in other forms where he couldn’t communicate at all before.


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And not just the financial cost, but the difficulties that you must experience with making that trip.  That journey is surely a big stressor for him.  This is assuming there is suitable treatment here, even going privately...?

Sorry, I should have quoted you above. Thanks!


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Would it be cheaper for you to pay privately here for the treatment than for you to make the trip to the US twice a year?

Sorry, should have included you in the post above.


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