Parenting a child with complex care needs

Planning for their future…

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:


What will happen to my disabled child if I die?

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.

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.

“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)

“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)

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.

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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.

Mariam Khan GCILEX


Mariam heads up the Islamic Wills team who specialise in Islamic Will & Probate. She’s a qualified graduate legal executive and working towards her fellowship. Mariam is a qualified and well-respected scholar and Quranic teacher with 13 years of experience. She’s an active member of the community. Mariam can speak Urdu, Punjabi & English. She is happy to see clients in their own homes, at our offices or Iqbal Community Centre.

Kim Bush


Kim has worked in the Financial Services sector for over 20 years, she holds a Certificate in Financial Planning and a Certificate in Life and Pensions. Kim specialises in all aspects of estate planning with a wealth of experience and knowledge. Kim prides herself on her integrity and trustworthiness she has a friendly and professional approach. Kim loves nothing better than to sit down and have a great chat with her clients to find the right solution for them, which is why she became a part of the enthusiastic team at Will and Probate Services.