Legal decisions

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.

Information:

Most decisions made as a family shouldn't require legal action. Legal processes can have serious consequences and can be challenging for all involved.

Managing a young person's benefits - Appointeeship
Making decisions on behalf of a young person - Deputyship
Wills and Inheritance

Managing a young person's benefits - Appointeeship

Becoming an appointee is a simple process and should be considered before financial deputyship. (Financial deputyship is 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 with SEND may find this difficult to manage, so a parent carer, another family member or a carer can become an 'appointee'.

This means that they will make claims, or share any information to help get the right benefits. The benefits will be paid to the appointee on behalf of the young person.

Before choosing appointeeship, you may want to consider other ways to help, like opening a joint bank account.

Become an appointee

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 needs or disability.

There are two types of deputy and you can apply to be one or both. 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 a young person's bills or organise their pension.

Personal welfare deputy - this kind of deputy makes decisions about medical treatment and the way a young person is looked after.

You have to apply to the Court of Protection to become a deputy. The Court will assess your suitability to be a deputy before appointing you.

Apply to become a deputy

Applying to become a deputy

applying to become a deputy costs money

a supervision fee will need to be paid every year after you've been appointed as a deputy

if your application is successful, you must complete and submit an annual form every year

Personal Welfare Deputies are only appointed if there's doubt that a decision has been made in someone's best interest or a decision needs to be made over time

There is also the option of corporate deputyship if a family member doesn’t want to take on deputy responsibility. This means that another organisation, solicitor, or local authority would take on the same role.

The decision to become a deputy shouldn't be made lightly, as a deputy you can be fined and/ or sent to prison for up to 5 years if you mistreat the person on purpose.

Information:

All decisions should be made individually. You can apply for a one-off decision from the Court of Protection if the young person in question doesn't need long-term help in making decisions.

Wills and Inheritance

It is every parent carer's wish that their child or young person remains as happy and as comfortable as possible, when they pass away. For lots of parent carers 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 local authorities) to be cut off.
being left large sums of money or assets could feel overwhelming.
loved ones could potentially become a target for financial abuse from others.

How could a trust help?

If your child or young person has a profound disability or 'lacks mental capacity' you may want to 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

See below for a video to help explain what long term financial planning options you have as a parent carer of a young person with SEND.