Parenting children with complex care needs

Parenting is hard work, period. Parenting a child with physical or learning disabilities brings its own set of particular challenges, some of which are day to day, and some are about the complex planning for the future welfare of your child.

Here at Will and Probate, we often receive enquiries from concerned parents on the subject of disability and inheritance, and we find that parents are unaware of all the consequences their children might face because of a lack of planning. Most parents of children with complex care needs are so busy with day-to-day care, they don’t have time to think of things such as inheritance and care plans. But ask yourself, what would happen if you died suddenly?

Failing to make a proper plan can lead to your child and your money falling into the hands of your local authority. To avoid this, here are three key things you need to consider as soon as possible if you are a parent with a disabled child:

What happens when my disabled child turns 18?

Parental responsibility ends, for both disabled and non-disabled children, when a child turns 18, which can leave parents of disabled children reliant on social services when seeking decisions about their child. Most parents we speak to are keen to avoid this situation. Having control of the decisions that are made about your child as they enter adulthood is key to a smooth transition. The methods by which a parent achieves control are specific to an individual’s circumstances. If your child has capacity and is able to make their own decisions, he will then be able to make a Lasting Power of Attorney. Otherwise, if they do not have the capacity we will still be able to help by applying for a Court of Protection Deputyship Order. A Deputyship Order can be applied for at any point after your child turns 16. They take 6 to 9 months to put in place, so make sure you get your application in early.

Will an inheritance my child receives after my death effect their care plan?

Any inheritance received by a disabled person has the potential to disrupt a care plan. A grandparent trying to do the right thing, or a parent without the right plans in place can cause real distress and disruption. Inheritance does have the potential to affect disability benefits. The care package that your child is receiving could be replaced by a “paid for package”. Even a large inheritance can be swallowed up quickly when the disabled beneficiary becomes liable for all of their care costs. Worse still, when the money runs out there is no guarantee that the local authority will be able to fund the original care plan in full. The answer lies in a structure that allows the disabled person to benefit from the inheritance without effecting their care package. This can be done extremely easily, and we will be happy to help.

The worst thing you can do is nothing. An initial consultation with Will and Probate Services is free and at the end of it you will know what the right plan is for you and your child and exactly how much it is going to cost. So you have nothing to lose by booking a callback with us.

Will and Probate Services are specialists in disability and inheritance planning, we want to help you answer your questions and put a plan in place that is right for you and your child.

Call one of our advisors below to book your free initial consultation. We offer free consultations in your home or at our offices, whichever is convenient for you.