🌱 Planning for the Future: Why Wills, Trusts & Powers of Attorney Matter for SEND Families

By Lisa Chauhan, Co-founder of SEND Protect

Raising a child with special educational needs or disabilities (SEND) comes with unique challenges — and unique responsibilities. Among the most important (yet often overlooked) is future planning. What will happen to your child if you’re no longer around or able to care for them? How can you ensure their needs — financial, legal, and emotional — are met in the long term?

At SEND Protect, we guide families through the vital legal steps that provide peace of mind and security. In this blog, we break down some key tools: Wills, Lasting Powers of Attorney (LPAs), and Trusts, and explain how they can support and protect your SEND child.

📝 Making a Will: A Crucial Step in SEND Planning

A Will is the legal foundation of any estate plan. For SEND families, it ensures that your child is cared for in the way you choose, and that your assets are passed on according to your wishes.

With a properly drafted Will, you can:

• ✅ Appoint legal guardians for your child (if they are under 18), giving you control over who would care for them if you're no longer here.

• ✅ Specify how your estate should be distributed, including setting up a trust to manage your child’s inheritance.

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⚠️ But here's what a Will cannot do on its own:

A standard Will does not automatically protect your child's entitlement to means-tested benefits, such as:

• Universal Credit

• Employment and Support Allowance (ESA)

• Housing Benefit

• Social care funding

If your child receives an inheritance directly, it may be counted as part of their capital — potentially disqualifying them from essential financial and care support.

🔐 Trusts: Protecting Your Child’s Inheritance and Independence

This is where Trusts come in. A Will can include instructions to create a Discretionary Trust or a Vulnerable Person’s Trust when you pass away. These trusts are legal arrangements that:

• Hold assets on behalf of your child

• Are managed by trustees you choose

• Provide financial support for your child without giving them direct access to the funds

Because the money isn’t in your child’s name, it’s not counted in benefit assessments — helping to protect their access to essential services and care.

✔ Benefits of setting up a trust in your Will:

• Your child is financially supported without affecting benefits

• Trustees manage the inheritance responsibly

• Funds can be used for care, therapy, accommodation, education, and quality of life

💡 A Vulnerable Person’s Trust may also qualify for special tax treatment — speak to a solicitor or financial adviser experienced in SEND to see if your child qualifies. Get in touch with us.

🧠 Lasting Powers of Attorney (LPA): Planning for All Scenarios

While Wills and trusts come into effect when someone dies, Lasting Powers of Attorney (LPAs) help if someone loses mental capacity during their lifetime — due to illness, injury, or conditions such as dementia or a learning disability.

There are two types of LPA:

• Property & Financial Affairs LPA — lets someone you trust manage money, bills, and property

• Health & Welfare LPA — lets someone make decisions about care, medical treatment, and daily routines

  
  

If your child is 18 or older and lacks mental capacity, they cannot make an LPA themselves — so you may need to apply to the Court of Protection to become their Deputy instead. However, if your child does have capacity, creating an LPA early offers more control and flexibility for the future.

Likewise, if you become unwell and can’t make decisions, having LPAs in place means your chosen person — not the courts — can step in to support your child and manage your affairs.

💬 How SEND Protect Can Help

At SEND Protect, we specialise in supporting SEND families with:

• ✅ Wills that include protective trusts

• ✅ Setting up Vulnerable Person’s or Discretionary Trusts

• ✅ LPAs and guidance on Court of Protection issues

• ✅ Financial planning that protects both benefits and long-term security

We work with expert advisers who understand the complexities of SEND life — from EHCPs to lifelong care needs — and offer holistic, sensitive support tailored to your family.

📌 Final Thoughts

It’s never too early — or too late — to start future planning. A few key legal documents can make a life-changing difference for your child, ensuring they are safe, supported, and financially secure.

🛡 Don’t leave it to chance. Take control, plan wisely, and protect what matters most.

📞 Want to speak to someone? Book a free consultation with SEND Protect today to explore your options and take the first step toward long-term peace of mind.

Disclaimer: This blog provides general information and is not a substitute for legal advice. We recommend speaking with an estate planner who specialises in SEND family planning and UK estate law before making any legal decisions.