What happens when a child with special educational needs reaches 18? If they lack the capacity to make decisions about their own affairs, it can leave them and you in a difficult position with uncertainty over whether they will get the support they need as an adult.
Once your child reaches 18, you no longer have any legal standing to make decisions for them. This means you do not need to be consulted by anyone dealing with your child. Becoming a Court of Protection deputy means that you will continue to have the same legal right to make decisions for them as you did when they were under 18, meaning no decisions can be made about their affairs without your consent. The Court Order will clearly set out your powers so that whoever you are dealing with, can see you have legal authority to make such decisions.
We can help you apply to become a Court of Protection deputy, allowing you to manage your loved one’s affairs for them. This means you can ensure they have the support and care they need to achieve the best possible quality of life.
Our experienced Court of Protection lawyers can take you through the entire process of becoming a Court of Protection deputy, as well as helping you to manage your responsibilities as a deputy and resolve any disputes relating to your deputyship or the deputyship of another.
Speak to one of our Court of Protection lawyers now by calling 0800 158 4147 or use our dedicated Special Educational Needs contact form and a member of our team will be in touch promptly.
Our Court of Protection deputyship services
We offer compassionate and highly effective legal support to help you with all issues related to Court of Protection deputyship.
Apply to become a Court of Protection deputy
The Mental Capacity Act 2005 defines when a person lacks capacity, whether they are a child or an adult. We can talk you through the requirements and help you consider whether this might apply to your child.
We can then make an application for a Court of Protection Deputyship Order, ensuring all of the right details are covered to allow the application to proceed smoothly and help you secure the deputyship.
There are two types of Court of Protection deputyship you may need to consider:
- Property and Affairs Deputyship
- Health and Personal Welfare Deputyship
We can talk you through both options and help you decide the best way forward for your child’s long-term welfare.
Acting as a Court of Protection deputy
We can advise you on all aspects of acting as a Court of Protection deputy for your child, including the appropriateness of an adult placement, dealing with local authorities, handling benefit issues with the Department for Work and Pensions (DWP) and any other financial issues.
Our Court of Protection lawyers can ensure all aspects of your child’s care are appropriately planned for and taken care of, giving them the best quality of life possible.
Court of Protection disputes
Unfortunately those who care for a young person with special educational needs may not always agree on what is best for them. Where there is a Court of Protection Deputyship Order in place and there is a dispute over how the affairs of the young person in question are being handled, it is usually beneficial if these disputes can be resolved as quickly and harmoniously as possible.
We can support you through non-confrontational methods, such as mediation and negotiation, to help everyone involved in the dispute to agree a mutually acceptable outcome. However, where necessary we can support and represent you through court action to achieve an outcome that serves the best interests of the young person at the centre of the dispute.
Why Tayntons Court of Protection lawyers are right for you
Our Court of Protection solicitors have been supporting individuals and families for many years with all issues related to Court of Protection deputyships. We can help you decide if this is most appropriate choice for your loved one and then guide you step-by-step through the entire process, making it as simple and straightforward as possible to ensure your loved one’s interests are protected for the future.
Our Special Educational Needs and Court of Protection departments work closely on these issues, ensuing that children with special education needs can smoothly make the transition to adulthood without the need for any worries about how their affairs will be managed.
We take a sensitive but practical approach, making sure you know what is happening at every stage and are confident about the decisions you make. We shape our service around the individual needs of you and your loved ones, so you have all the support you need.
Get in touch with our Court of Protection solicitors
For help becoming a Court of Protection deputy, or any issues related to Court of Protection deputyship anywhere in the UK, please contact us today by calling 0800 158 4147 or use our dedicated Special Educational Needs contact form for a swift response.