For years, you’ve managed everything. Benefits, bank accounts, medical appointments, forms. It’s second nature.
Then your child turns 18, and overnight, the law treats them as an independent adult. Your parental responsibility ends. If your child can’t manage their own affairs, you have no automatic right to manage them either.
This catches many SEND families off guard, but there’s a fix. Three legal routes let you keep authority past 18: a free DWP appointeeship for benefits only, an LPA your child sets up themselves while they still have capacity, or Court of Protection deputyship once capacity is already lost. Planning early means choosing the right one before you need it.
Why this matters
Under the Mental Capacity Act 2005, every person aged 16 and over is presumed to have capacity to make their own decisions. At 18, parental responsibility ends for most purposes. Without formal legal authority, you cannot:
- Access your child’s bank account or manage their savings
- Make decisions about their medical treatment
- Sign forms on their behalf
- Manage their benefits (without a separate appointeeship)
Remember: capacity is decision-specific. Your child might be able to decide what to eat but not manage complex financial decisions. The law assesses each decision separately, not the person as a whole.
Three routes to legal authority
The table below compares the two routes that give wider legal authority than appointeeship alone.
| LPA | Deputyship | |
|---|---|---|
| Who creates it | Young person (must have capacity) | Court of Protection |
| When to use | Young person can understand what an LPA means | Young person lacks capacity |
| Fee | £92 per type (fee exemptions available) | £421 application fee |
| Timeline | 8-10 weeks registration (often longer in practice) | 4-6 months |
| Covers | Finances and/or health and welfare | Finances and/or health and welfare |
| Ongoing costs | None | £320/year supervision fee |
The right route depends on your child’s capacity and what decisions you need to manage.
Route 1: DWP appointeeship (free, benefits only)
If your child can’t manage their own benefit claims, you can become their DWP appointee. This is free and covers Disability Living Allowance (DLA), Personal Independence Payment (PIP), Universal Credit, and ESA.
The DWP sends an appointee enquiry form about 4-5 months before your child’s 16th birthday. Return it immediately. A visiting officer will come to your home, interview you and your child separately, and complete form BF56.
Being the DLA appointee does NOT automatically make you the PIP appointee. When DLA transitions to PIP at 16, DWP will reassess appointeeship. Return any forms as soon as they arrive.
What appointeeship doesn’t cover: Bank accounts, savings, property, health decisions, or care decisions. For anything beyond benefits, you need an LPA or deputyship.
Route 2: Lasting Power of Attorney (£92 per type)
An LPA lets your child choose you as the person who manages their affairs. There are two types:
- Property and financial affairs (LP1F) - bank accounts, bills, investments
- Health and welfare (LP1H) - medical treatment, care, where to live
The critical requirement: your child must have mental capacity at the time of creating the LPA. They must be 18 or older and able to understand what the LPA means.
The LPA registration fee is £92 per type (from November 2025), and registration takes 8-10 weeks with the Office of the Public Guardian if there are no mistakes in the application. Current OPG processing times can run longer, so factor this in. Fee relief is available for many families on means-tested benefits.
If your child receives a qualifying means-tested benefit, such as income-related ESA or Housing Benefit, the LPA registration fee may be fully waived. Universal Credit works differently: it only qualifies for a remission of up to 50% off the fee, not a full exemption. Apply for fee relief using form LPA120 either way, since many disabled young people qualify for some reduction.
Why timing matters: If your child has capacity at 18 but may lose it later, create the LPA immediately. Once capacity is lost, an LPA can no longer be created. The only remaining option is deputyship, which costs far more and takes much longer.
Route 3: Court of Protection deputyship (£421+)
If your child already lacks capacity and no LPA exists, you’ll need to apply to the Court of Protection for a deputyship order.
- Capacity assessmentA qualified professional (GP, psychiatrist, psychologist) completes form COP3.
- Application preparedComplete forms COP1, COP1A, COP4. Notify the person and at least 3 connected parties.
- Application submittedSubmit to Court of Protection with £421 fee.
- Court reviewCourt reviews the application. A hearing may be ordered (additional £259 fee).
- Order issuedDeputyship order granted. Register with Office of the Public Guardian.
You must act in your child’s best interests, follow the least restrictive option principle, and submit annual reports to the Office of the Public Guardian (OPG). The annual supervision fee is £320 (or £35 if the estate is under £21,000).
The Child Trust Fund trap
Many disabled young people have a Child Trust Fund that matures at 18. If your child lacks capacity, you cannot access it without a Court of Protection deputyship order.
This catches families who assumed they could simply withdraw the money on their child’s behalf. Without a deputyship, the fund sits inaccessible. Start the COP application early to avoid this.
When to start preparing
The timeline for these routes varies, so planning early is essential:
- Age 15-16: DWP sends appointee enquiry form. Return it immediately
- Age 16: Mental Capacity Act applies. Gather evidence about your child’s capacity
- Age 16-17: If deputyship will be needed, begin the application (takes 4-6 months)
- Age 17: If your child has capacity, discuss LPA with them and prepare documents
- Age 18: LPA should be created on or soon after their 18th birthday. Deputyship should already be in place
Don’t wait until your child is 18 to start planning. Deputyship applications take 4-6 months. If you wait, there will be a gap where you have no legal authority to manage anything beyond benefits.
Getting help
Office of the Public Guardian (0300 456 0300) handles LPA registration and deputyship supervision.
Mencap (0808 808 1111) provides free advice on capacity, appointeeship, and deputyship for people with learning disabilities.
Contact (0808 808 3555) supports families with transition planning, including legal authority issues.
Scope (0808 800 3333) offers guidance on disability rights, benefits, and capacity issues.
Plan early, act early
Losing legal authority at 18 doesn’t have to be a cliff edge. The key is starting early. If your child is approaching 16, the clock is already ticking on appointeeship. If they’re approaching 18, the LPA or deputyship process needs to be underway now.
The costs are manageable. The paperwork is navigable. But the timing is everything.
Sources and further reading
Legislation and official guidance
- Mental Capacity Act 2005 (capacity principles, LPA, and deputyship framework)
- Lasting Power of Attorney: how to register (official LPA guidance and online service)
- Court of Protection: apply for a deputyship order (deputyship application process and forms)
- The Court and Public Guardian Fees (Miscellaneous Amendments) Order 2025 (LPA fee of £92 from November 2025)