The Importance of Deputyship and Lasting Power of Attorney for Young Adults with Special Needs

Planning for the future of a child with special educational needs and disabilities (SEND) can feel overwhelming, especially as they approach adulthood. When a young person with additional needs such as autism, Global Developmental Delay (GDD), or complex learning disabilities turns 18, parents lose automatic legal authority to make decisions on their behalf.

Without the right legal arrangements, families may face serious barriers in supporting their child’s health, wellbeing, finances, and daily care. Understanding Deputyship and Lasting Power of Attorney (LPA) is essential to protecting your child’s future.

What Happens When Your Child Turns 18?

In England and Wales, the Mental Capacity Act 2005 states that at 18, a person is legally an adult. This means parents no longer have automatic rights to make decisions about:

• Medical treatment or healthcare

• Finances and benefits

• Living arrangements or care needs

This applies even when a young adult has significant learning disabilities, autism, or lacks mental capacity.

Without legal authority such as a Deputyship or LPA, families may be unable to:

• Access medical records or consent to treatment

• Manage finances, benefits, or bank accounts

• Make decisions about care or accommodation

This can result in delays, financial stress, and uncertainty at a crucial time.

What Is Deputyship?

A Deputyship is a legal order granted by the Court of Protection. It appoints a deputy (often a parent or carer) to make decisions for someone who lacks mental capacity and is unlikely to regain it.

Deputyship can cover:

• Health and welfare decisions (medical treatment, care, routines)

• Financial decisions (benefits, savings, care costs)

• Property and living arrangements

Deputyship is usually needed where no Lasting Power of Attorney (LPA) exists.

How Deputyship Works

The court assesses the application and appoints a deputy who must act in the young adult’s best interests. Deputies are required to submit annual reports to the Court of Protection.

While Deputyship provides essential legal authority, it can take time to set up and involves court fees and a formal approval process.

What Is a Lasting Power of Attorney (LPA)?

An LPA is a legal document made while the person still has mental capacity. It allows them to choose trusted people to make decisions if they lose capacity in the future.

There are two types:

• Health and Welfare LPA – covers medical care, support, daily routines, and living arrangements

• Property and Financial Affairs LPA – covers money, benefits, banking, and bills

Benefits of an LPA:

• Gives the young person control over who will support them

• Avoids court involvement later

• Can be tailored to individual needs and wishes

• Usually quicker and more cost-effective than Deputyship

When to Set Up an LPA

An LPA should be put in place before a young person loses capacity, ideally during transition planning into adulthood. This helps ensure continuity and avoids legal delays.

Legal document on table with pen

What If Neither Deputyship Nor LPA Is in Place?

Without either legal arrangement, SEND families may face significant challenges:

• No legal authority to make healthcare or financial decisions

• Restricted access to medical information

• Delays in managing benefits or care funding

• Important decisions being postponed or made without family input

In these cases, families must apply for Deputyship through the Court of Protection, which can be time-consuming, stressful, and costly.

Real-Life Example

For example, a young adult aged 18 with autism, GDD, and no mental capacity may require urgent medical treatment. Without a Deputyship or Health and Welfare LPA, the hospital may be unable to take parental instructions.

This can delay treatment while emergency legal authority is sought, adding unnecessary stress during an already difficult situation.

How to Decide Between Deputyship and LPA

• If your child still has capacity: An LPA is usually the best option, allowing them to choose trusted decision-makers

• If your child lacks capacity and no LPA exists: Deputyship is required

• If capacity is unclear: Seek early professional advice to plan appropriately

Steps to Set Up Deputyship or LPA

Planning ahead is essential for families of young people with SEND needs, autism, learning disabilities, or complex care requirements.

1. Assess Mental Capacity

Speak with professionals such as GPs, psychiatrists, or learning disability teams to understand decision-making ability.

2. Identify Trusted Decision-Makers

This may include parents, siblings, or trusted carers who can act as:

• Attorneys (under an LPA)

• Deputies (appointed by the Court of Protection)

They must always act in the person’s best interests.

3. Gather Supporting Documents

This may include:

• ID documents

• Medical or capacity reports

• Financial or benefit information

• Care and support details

4. Apply or Register the Legal Authority

• LPAs are registered with the Office of the Public Guardian

• Deputyship applications are submitted to the Court of Protection

5. Maintain Proper Records

• Deputies must submit annual reports

• Attorneys must keep clear decision records

• All actions must comply with UK law and best interests principles

  
  

Supporting Your Child’s Future Goes Beyond Legal Documents

Legal authority is only one part of long-term SEND planning. Families may also need to consider:

• Building a trusted support network

• Creating a detailed care and transition plan into adulthood

• Exploring financial planning options such as trusts or benefits management

• Working with SEND, health, and social care professionals

• Understanding wider safeguarding and legal rights

  
  

Final Thoughts

Setting up a Deputyship or Lasting Power of Attorney in England and Wales is a vital step for families supporting young adults with autism, GDD, learning disabilities, or complex SEND needs. These legal tools ensure decisions can be made safely, consistently, and in the young person’s best interests.

We Can Help You Put the Right Plans in Place

Every family’s situation is different, and knowing whether you need a Lasting Power of Attorney or Deputyship application can feel complex.

At SEND Protect, we support families across England and Wales to:

• Understand the right legal protection for their child

• Navigate the Court of Protection process

• Set up and register Lasting Power of Attorney documents

• Put long-term plans in place for young adults with additional needs

• Reduce stress, delays, and uncertainty for families

If you are unsure where to start or need support setting up Deputyship or an LPA, our team can guide you through every step.

👉 Get in touch with SEND Protect today to start planning your child’s future with confidence and clarity.