For parents of a young person with a learning disability, autism or complex needs, the 18th birthday brings a legal change that catches many by surprise. Parental responsibility ends. From that day, you have no automatic right to make decisions for them, however much they rely on you.
What changes at 18
The law treats your child as an adult. If they can't make a particular decision, it's made in their best interests under the Mental Capacity Act 2005, by whoever is responsible for that decision, such as a doctor or social worker. You should be consulted, but you don't have the final say.
Your options
- Lasting power of attorney: if your child has capacity to understand and make one, even with support, this is the simplest route.
- Property and affairs deputyship: if they can't manage money and can't make an LPA, you can apply to the Court of Protection. You can apply before they turn 18.
- DWP appointee: lets you claim and manage their benefits, but nothing else.
- Health and welfare deputyship: possible but rarely granted.
Money in their name
Child Trust Funds and Junior ISAs belong to your child at 18. If they can't manage money, nobody can access them without an LPA or deputyship. See our guide to Child Trust Funds.
Don't forget your own wills
If you leave money to your child outright, it could take them over the savings limits for means-tested benefits and affect how their care is funded. A suitable trust in your will can avoid this. See leaving money to a disabled person.
Get your dates and to-do list with our turning 18 checklist.
Parents often sort the deputyship and their own wills together. Talk to a specialist.
Frequently asked questions
Is there guardianship for adults in England?
Not in the way most parents expect. Scotland has adult guardianship orders, but in England and Wales the options are an LPA (if your child has capacity to make one) or a deputyship from the Court of Protection.
When should I start?
Six to twelve months before their 18th birthday is sensible. You can apply to the Court of Protection before they turn 18, so the order can be in place in time.
Do I need to use a solicitor?
No, many parents apply themselves. But it's detailed, and a specialist can help, especially if there's a Child Trust Fund, compensation or property involved.
Will I be able to make medical decisions?
Not automatically. Health and welfare deputyships are rarely granted. Professionals must consult you and act in your child's best interests, and disagreements can go to the Court of Protection.
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.