If you’re a small or medium-sized business owner, you already know how much responsibility...
If your child has a learning difficulty, disability, or lacks the mental capacity to make certain decisions, you already play an essential role in supporting them. As they reach adulthood, it’s natural to feel uncertain about what changes once they turn 18, especially when it comes to managing their finances and safeguarding their future.
One key change to understand is that your automatic legal authority to act on their behalf as a parent does not continue into adulthood. This means that from their 18th birthday, you will no longer be able to make financial or legal decisions for them unless you are legally appointed to do so. This includes access to accounts such as a Child Trust Fund or Junior ISA, even if you opened or managed the account for them as a child.
If your child is unable to make their own decisions, becoming their Deputy through the Court of Protection ensures you can continue supporting them in the way you always have.
Why You May Need the Court of Protection
If your child lacks the capacity to manage their own affairs, you may need to apply to the Court of Protection to be appointed as their Deputy. This gives you the legal authority to make decisions in their best interests.
As a Deputy, you can:
● Access and manage their savings, benefits, or Child Trust Fund
● Make financial decisions on their behalf
● Handle bills, expenses, and day-to-day financial responsibilities
Without a Deputyship Order, financial providers cannot legally release information or funds to you, even if you have always managed these matters for your child.
What Is the Court of Protection?
The Court of Protection is a specialist court in England and Wales responsible for making decisions on behalf of individuals who lack mental capacity. These decisions can relate to:
● Health and welfare
● Property and financial affairs
● Or a combination of both
Examples include approving medical treatment, authorising specific spending, or creating a statutory will. The Court also settles disputes relating to someone who lacks mental capacity.
A crucial function of the Court is appointing Deputies—trusted individuals who are granted ongoing authority to make decisions for the person who needs support.
The Court of Protection also handles:
● Decisions and objections relating to Lasting Powers of Attorney (LPA)
● Authorising deprivation of liberty under the Mental Capacity Act 2005
● Deputyship applications
● Oversight in conjunction with the Office of the Public Guardian (OPG), which supervises appointed deputies
Court of Protection Deputy Applications
Before applying, we will discuss your loved one’s situation, needs, and daily challenges. Whenever appropriate, it is helpful to talk to your child about your concerns and your desire to support them through deputyship.
There are two types of Deputy:
1. Property and Financial Affairs Deputy
This is the most common form of deputyship. A financial deputy can:
● Pay bills and manage bank accounts
● Handle savings, pensions, and benefits
● Make financial decisions in the individual’s best interests
2. Personal Welfare (Health & Welfare) Deputy
This type of deputyship is less commonly granted. Decisions might include:
● Medical treatment
● Healthcare arrangements
● Personal care and living arrangements
Often, health and welfare decisions can be made using the Mental Capacity Act’s best interests framework without appointing a formal deputy. A welfare deputyship is typically only granted where necessary.
The Application Process
If you meet the legal requirements, we can prepare and submit the application to the Court of Protection on your behalf. The process includes:
● Medical capacity assessments
● Detailed application forms
● Notification of at least three people connected to your child
● A two-week objection period (family members or the individual themselves may object)
● Review and decision by the Court
● Putting a deputy bond in place (for financial deputies)
If no objections are made and the Court approves the application, you will be formally appointed as Deputy. We will support you through the next steps, including understanding your responsibilities, such as annual reporting and always acting in your loved one’s best interests.
Navigating the Application Process
The Court of Protection process can feel daunting. There are forms to complete, medical evidence to provide, and legal steps to follow—all at a time when you may already be feeling anxious about your child’s transition into adulthood.
Please remember: you do not need to manage this on your own.
Expert Support When You Need It Most
Our Court of Protection lawyers are experienced in supporting families who need help looking after a loved one’s personal or financial affairs.
Alexis Thomas — Associate at HPJV and Chartered Legal Executive
With over 20 years of specialist experience, Alexis helps families with:
● Court of Protection applications
● Probate
Alexis offers expert guidance combined with genuine understanding and reassurance during what can be an emotional and uncertain time for parents. If you would like compassionate, professional support with your Court of Protection application, please feel free to contact Alexis. 01633 242526
