Turning 18 Without Mental Capacity: Appointeeship vs Court of Protection Deputyship, Savings and Disabled Person’s Trusts, Tax, Child Trust Funds and Will Planning (England and Wales)

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Practice notes

Countless parents are shocked to learn how little real authority they retain over their child’s affairs once that child turns 18. Many firmly believe they will naturally be able to carry on handling their children’s matters after they reach the age of majority. Unfortunately, that is simply not so, and plenty of parents are often appalled to discover they must go through formal procedures to manage their child’s assets or assist them to access benefits. Some parents may have carefully set aside funds for their child’s future, only to realise that, at 18, those savings can swiftly lead to a loss of state benefits until the capital drops beneath the capital limits.

Managing benefits and other assets

There are two practical routes by which parents may often continue to help their child claim any state benefits they might be due. The first is to apply to be recorded as an appointee solely to oversee benefits, which is generally best where the child has no savings or additional assets needing oversight. If the child holds other assets, such as savings and investments, it is usually better, instead, and more appropriate, to make a formal application to the Court of Protection to...

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Web page updated on 22/05/2026

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