Disability Law

[Lonnie]

Can anyone tell me, once a disabled person reaches the age of eighteen, who is legally responsible for the, the parents, or Social Services?. Thanks.

[scuzzball]

I would imagine they are responsible for themselves - why wouldn't they be?

[oldwoman]

I understand where you are coming from with this. Our daughter is 29 and as far as anybody is concerned we are still resposible for her.We cant get any help from anyone.

[Lonnie]

scuzzball, my apologies, didn't make it clear, i'm talking about mentally handicapped/disabled, as opposed to only physically handicapped.

oldwoman, thanks for your reply, I posted this, in response to an letter I read in yesterdays paper, it appears, that once a mentally handicapped person turns eighteen, Social Services become legally responsible for them and may make decisions contrary to what the parents want.

The writer says also, that not many people are aware of this, and as a parent of an Autistic young woman, I wasn't, and wondered if any other ABers either knew of this, or could shed some light on it.

If I read this right, then we, as parents are responsible for them, but in turn, they are watching us, and can intervene at any moment.

[kempie]

WM - I do not believe that Lonnie is asking about criminal responsibility but rather who assumes the rights and responsibilities when a mentally incapacitated individual reaches the age where others automatically attain majority.

[paulineward]

Not sure on criminal responsibilities, but as far as responsibilities go...I have 2 daughters with Special Needs, and when both got to 16 I had to become their appointee by law, authorising me to act on their behalf in matters, legal or otherwise, that they could not do themselves.
Empathise with oldwoman...you are generally just left to get on with it aren't you. Help not readily available, particularly if you are a coper!!

[Lonnie]

kempie, you got it in one.

Pauline, your so right, everything we have, we've had to fight tooth and nail for.

Wardy, even though your on the wrong track, its an interesting post, and thanks for replying.

[paulineward]

Lonnie,
Shouldn't have to fight should we? Bad enough dealing with problems day to day, and never knowing what's coming next!
Having to fight the authorities too is hard work. I really do empathise with all in the same boat.
Good job we keep going isn't it?...
take care all you fellow carers!!!

[Lonnie]

A lovely post Pauline, tell the truth, Its my wife whose the stong one here, I do what I can, but she is the main carer, What we'd do without you ladies, I don't know.

[Cennet]

I have a niece who is autistic and my brother and sister in law have had to fight tooth and nail to get her needs attended to.

She is now 19 and has been to a special school for autisitic children, a school for MLD and then a college to educate her on independent living. It all came to a halt this summer when Social Services failed to find her sheltered accommodation in the town where she lives. My brother refused to let her come back and live with them as she is quite severely autistic and he was worried she would become isolated and too dependent on them. He was all for camping on Social Services doorstep with the local press at hand to make people aware of what was happening.

Private companies supply the sheltered accommodation and apparently they can pick and choose who they take. The good news is that my niece has got her accommodation just five minutes away from my brother's family so she has the best of both worlds with regular contact with her parents and siblings

I believe its Social Services responsibility to find her accommodation but not sure how mandatory it is

Talking about siblings - it mustnt be forgotten the impact of having an autistic sibling has on other siblings.Their needs are sometimes forgotten with long lasting consequences

[paulineward]

You are so right Cennet. It does affect the siblings. I have three daughters, as I have already said two have Special Needs and I have another daughter younger than them both. She is nearly 18, but as hard as it is for her at times, it has also contributed, I am sure, to the loving caring nature she has. She is a very tolerant young person, who I am very proud of...as of course I am of the other two.

I am glad your niece is settled now. How awful for your brother and sister in law. I am afraid I hear tales like this so often! I am sure there are many members on AB who can relate to it!

Unfortunately Social Services seem to rely on our love and concern for our disabled relatives, and shirk their responsibilities. I think we don't all shout out loud enough!

Lonnie...I am sure the support you give your wife helps. My husband always says the same about me, ..how the girls have achieved so much due to my hard work, but without him by my side...to moan at when things get on top of me..I wouldn't cope, and I am sure your wife would say the same! We all need each other!!
You take care...and your wife and daughter.
Hope I haven't dragged this thread on too long!!

[paulineward]

Just as an afterthought...maybe AB could set up a disability/carers topic so that we could support,help and advice each other from the wealth of experience we all have.....you never know...maybe the editor is reading this! It would be a more specific topic site than the others. If anyone else agrees perhaps we could ask to try one to see how it goes! A bit of advice or support can mean all the difference. ...Or just a forum for us to let off steam!

[Lonnie]

That is one excellent idea Pauline, obviously it should go in suggestions, i'll put it in, and see if we can get the support for it.

[paulineward]

If anyone logs on to this thread - please go to suggestions section - Section for carers etc...Lonnie has set the ball rolling!