LPA for Disabled Children: A Parent's Guide

LPA for Disabled Children: Parent's Guide

When your disabled child turns 18, your legal authority as a parent ends—even if they still need your help. This guide explains how to maintain your ability to support them.

The 18th Birthday Problem

At 18, in the eyes of the law:

• Your child becomes an adult
• You lose automatic decision-making rights
• Banks won't discuss their accounts with you
• Doctors can't share information without consent
• You can't sign documents on their behalf

This happens regardless of your child's disability or needs.

LPA vs Deputyship: What's the Difference?

Lasting Power of Attorney (LPA)

• Your child creates it themselves
• Requires mental capacity to make the LPA
• Cheaper and simpler
• They choose you as attorney
• Registers in 8-12 weeks

Court of Protection Deputyship

• Applied for when someone lacks capacity
• Required if your child cannot make an LPA
• More expensive (£371+ application)
• Ongoing supervision and fees
• You apply to be appointed deputy

Can Your Child Make an LPA?

This depends on their mental capacity—NOT their diagnosis.

They MAY Be Able to Make an LPA If They:

• Understand what an LPA is (in simple terms)
• Understand who they're appointing
• Understand the implications
• Can communicate their decision

Consider Capacity Assessment If:

• You're unsure about their capacity
• Their condition affects understanding
• You want documentation of capacity
• Others might question the LPA later

Many People CAN Make LPAs Including Those With:

• Mild to moderate learning disabilities
• Autism spectrum conditions
• Physical disabilities (without cognitive impact)
• Some Down's syndrome individuals
• Cerebral palsy (if cognitive ability intact)

Planning Before They Turn 18

6-12 Months Before

• Assess whether they can make an LPA
• Discuss the concept in simple terms
• Identify potential certificate providers
• Plan the process

At 17.5 Years

• Start the LPA application
• Begin signing process (they must be 18 to complete)
• Allow time for registration

Just After 18

• Complete signing if started before
• Submit for registration
• OR begin deputyship application if needed

If Your Child CANNOT Make an LPA

You'll need to apply for deputyship:

Property & Financial Affairs Deputy

• Manages money and finances
• Pays bills and manages benefits
• Handles property matters

Personal Welfare Deputy

• Less commonly granted
• For significant welfare decisions
• Courts prefer case-by-case applications

Deputyship Process

Apply to Court of Protection (£371)

Complete required forms

Possible hearing

If approved, receive deputyship order

Ongoing OPG supervision (annual fee £320)

Specific Considerations

Learning Disabilities

• Use simple language when explaining LPA
• Consider a professional capacity assessment
• Use visual aids if helpful
• Allow plenty of time

Autism Spectrum Conditions

• Routine and familiarity help
• Prepare them for the process
• Use their preferred communication methods
• Consider sensory needs during signing

Physical Disabilities

• If cognition is unaffected, LPA is usually possible
• Adaptations available for signing
• Consider practical attorney choices

What to Include in Preferences

For disabled young adults, consider:

• Care preferences
• Communication support needs
• Activity and routine preferences
• Medical treatment views
• Living arrangement wishes

Choosing Who to Appoint

Options include:

• Yourself (as parent)
• Other parent/step-parent
• Siblings (if adults)
• Other trusted relatives
• Professional deputies (for complex situations)

Consider:

• Who knows your child best
• Who will be available long-term
• Who your child trusts
• Backup options if you can't act

The Conversation with Your Child

If they can participate:

• Explain in simple terms
• Use pictures or stories
• Reassure them
• Listen to their preferences
• Respect their choices where possible

Get Support for Your Situation →