Parenting a child with complex care needs

Planning for their future…

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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:

The stark truth is that a child with special needs is far more likely to be taken into local authority care if their parent dies than an able-bodied child in a similar situation. Yet this is easy to resolve. If something happens to you, you need to know that you have appointed the right person (a guardian) who will look after your child in the way that they have been accustomed to. It is important to understand that a Will is the only document allowing you to appoint guardians for your children, so you need to have it in place as soon as your child is born.

Don’t worry if you haven’t got around to it yet, call us on 01778 752 861 and we can help put things right.

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.

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 team at Will & Probate Services have all been so easy to deal with, from the initial conversation and explanation, right through to making convenient appointments for signing the document. I wouldn’t hesitate to recommend their services.”

(Melanie Bellamy)

Why Choose Will and Probate Services?

EXPERTS IN WILL AND PROBATE MATTERS

Established for over twelve years, leaders in our sector and trusted by thousands of clients

FIXED AND TRANSPARENT FEES

Our fees are transparent, fair and we offer fixed fees for many of our services along with a free initial consultation

APPROACHABLE AND FRIENDLY

Our representatives pride themselves on  putting clients at ease, either in our offices or in the clients own homes

A NATIONWIDE COMPANY WITH LOCAL OFFICES

You will be talking to a local representative who lives in your area, not a faceless call centre

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.

Contact 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.

Mariam Khan FCILEX LLM

PRINCIPAL CONSULTANT SOLICITOR
About Mariam

Kim Bush Cert PFS

ESTATE PLANNING CONSULTANT
About Kim

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.

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