What changes at 18
Many parents only find out at a GP or hospital appointment, when they're asked whether they have a power of attorney or deputyship order. Until 18, you can consent on your child's behalf. From 18, the law treats them as an adult, and decisions they can't make are taken in their best interests under the Mental Capacity Act.
- If they can make their own decisions, even with support, they can make a lasting power of attorney naming you.
- If they can't manage money, you'll usually need a property and affairs deputyship from the Court of Protection. You can apply before they turn 18.
- For benefits, the DWP can appoint you to manage them.
- For your own wills, leaving money to them outright can affect means-tested benefits and care funding. A trust usually avoids this.
Plan the next 20 years, not just the 18th birthday. A specialist can help with the deputyship and your own wills together. Request a call back.
Read more: when a disabled child turns 18, Child Trust Funds and disabled young adults and leaving money to a disabled person.
Frequently asked questions
Do parents automatically keep control when a disabled child turns 18?
No. In England and Wales parental responsibility ends at 18, even if your child can't make decisions for themselves. There's no automatic guardianship for adults.
Can I apply for deputyship before my child turns 18?
Yes. You can apply to the Court of Protection before your child's 18th birthday if they're likely to lack capacity to manage their money as an adult, so the order can be ready in time.
How do I access my disabled child's Child Trust Fund?
If they can't manage their own money or make an LPA, you'll usually need a property and affairs deputyship order from the Court of Protection. Fee reductions and exemptions may be available.
What is a DWP appointee?
Someone the Department for Work and Pensions authorises to claim and manage benefits for a person who can't do it themselves. It only covers benefits, not savings or other money.
Request a call back
Tell us a little about your situation and we'll call you, usually within one working day, to understand what you need. If it would help, we'll then put you in touch with a specialist, such as a solicitor who deals with wills and powers of attorney. We'll always tell you who they are before passing on your details. We don't give advice ourselves, and there's no obligation.