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It is important that young people are supported to make their own decisions and sometimes mistakes. If you or someone else has to make a decision on behalf of a young person, it must always be in their best interest.

For young people who have multiple or profound disabilities it may be decided that a close family member, relative or independent mental capacity advocate (IMCA) can make a decision on their behalf. Once again, the young person must always be involved as much as possible.

Most decisions made as a family shouldn't require legal action. Legal processes have serious consequences and are often difficult and taxing on those involved.

Managing a young person's money and benefits - Appointeeship

Becoming an appointee is a simple process and should be considered before financial deputyship. Financial deputyship is in place for those with more than one source of income, significant investments and savings.

When people turn 16 they usually become responsible for any benefits they claim. Some people can't manage this, so a family member or a carer becomes an 'appointee'.

This means that they will make claims, give information that's required, and inform of any changes that may affect your entitlement to benefits. The benefits will be paid to them on your behalf.

Becoming an appointee is an easy and simple process and should be considered before financial deputyship. Financial deputyship is in place for those with more than one source of income, significant investments and savings.

Before choosing appointeeship, you may want to consider other ways to help manage your young person's money, like opening a joint bank account.


Making decisions on behalf of a young person - Deputyship

Applying for, and becoming a Deputy, means that you’ll be authorised by the Court of Protection to make decisions on a young person's behalf if they 'lack mental capacity'. They may still be able to make decisions for themselves at another time or about a different topic.

The Mental Capacity Act is in place to protect young people who 'lack mental capacity', it stops blanket assessments of someone’s ability to make decisions based on their disability.

There are two types of deputy and you can apply to be one or both types. Gov.uk has the full list of responsibilities for both types of deputy:

  • Property and financial affairs deputy - this kind of deputy does things like pay the young person's bills or organise their pension.
  • Personal welfare deputy - this kind of deputy makes decisions about medical treatment and the way the young person is looked after.

Wills and Inheritance

It is every parent's priority that their child or young person remains as happy and as comfortable as possible when they have passed. For lots of parents this may mean leaving an inheritance gift of some kind to help support their young person's independence.

There are lots of different ways to plan for and protect your young person's future, as well as lots of factors to consider. If you're thinking about leaving your young person an inheritance, it is important to remember that:

  • in some cases, leaving a lump sum of money can cause benefits and support (previously funded by the local authorities) to be cut off.
  • loved ones could become the target for financial abuse from others.
  • leaving large sums of money or assets can be overwhelming for the recipient.

How could a trust help?

If your child or young person has a profound disability or lacks 'mental capacity' you may consider putting your inheritance gift into a trust. A trust is a legal arrangement that enables between 2 and 4 people (trustees) to manage the inheritance gift left to your child, or young person, according to your wishes.

Scope.org.uk has lots of information about trusts as well as an advice line

Some trusts also get special tax treatment, these trusts are called Trusts for Vulnerable Beneficiaries.

Mencap - Protecting their future

A video to help explain what long term financial planning options you have as a parent with a young person who has SEND.

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Cookies we use

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1 month

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