For families caring for a child with a brain injury or complex needs, much of daily life is understandably focused on the present. Appointments, therapies, education, rehabilitation, and family life often take centre stage. As children grow older, many families begin to think about the future and ask important questions. Who will help my child make decisions as an adult? How will finances be managed? What happens if they receive compensation following an injury? Understanding the role of the Court of Protection can help families feel more prepared and ensure t
The Court of Protection is a specialist court in England and Wales that makes decisions on behalf of individuals who are unable to make certain decisions for themselves due to a lack of mental capacity. The court’s role is to protect vulnerable individuals and ensure decisions are made in their best interests. These decisions may relate to:
The Court of Protection can appoint trusted individuals, known as deputies, to make ongoing decisions on behalf of someone who lacks the capacity to do so themselves.
Applying to the Court of Protection is not an immediate process. Depending on the complexity of the application, it can often take between 6 and 12 months, and in some cases longer, before a deputy is appointed. This means that if a young person reaches the age of 18 without the appropriate legal arrangements in place, families may find they are unable to make important financial decisions on their behalf until the application has been approved. For example, if a young person receives a personal injury compensation settlement after turning 18 but lacks the mental capacity to manage those funds themselves, the money may not be accessible until the Court of Protection has appointed a Property and Financial Affairs Deputy. This can delay decisions relating to rehabilitation, specialist equipment, accommodation and ongoing care. Starting conversations early and seeking specialist advice well before a child’s 18th birthday can help avoid unnecessary delays and ensure the right support is in place when it is needed most.
Mental capacity refers to a person’s ability to make a specific decision at the time it needs to be made. Importantly, capacity is decision specific. A person may be able to make some decisions independently while requiring support with others. The Mental Capacity Act 2005 sets out the legal framework for assessing capacity and ensuring individuals are supported to make their own decisions wherever possible. When assessing capacity, professionals consider whether a person can:
If an individual is unable to do this for a particular decision, support from the Court of Protection may be required.
A Court of Protection Deputyship application can take 6–12 months to complete. Planning ahead before your child turns 18 can help avoid delays in managing finances, compensation awards and other important decisions.
Where an adult lacks capacity to manage their own affairs, the Court of Protection can appoint a deputy to make decisions on their behalf. There are two main types of deputyships:
A Property and Financial Affairs Deputy can manage matters such as:
A Personal Welfare Deputy makes decisions relating to care, treatment, and welfare. These appointments are less common and are typically only granted where ongoing decisions cannot be made through existing care and healthcare frameworks. Deputies can be family members, trusted friends, or professional deputies such as solicitors with specialist Court of Protection expertise.
Families caring for a child with a brain injury or complex needs already have so much to think about, which is why planning ahead can make such a meaningful difference. As a young person approaches adulthood, it is important to understand that parents no longer automatically have the legal authority to make decisions on their behalf if they lack the mental capacity to do so themselves. The role of a Deputy is to safeguard the protected person's best interests, ensuring important financial or welfare decisions are made appropriately and that any assets, including compensation awards, are managed responsibly for their long-term benefit. Equally, having the right legal arrangements in place can provide reassurance for families, helping to reduce uncertainty and alleviate some of the stress that can arise during what is often a significant life transition. Seeking specialist advice early allows families to plan with confidence, helping to ensure the right support is in place when it is needed and that the focus can remain on achieving the best possible outcomes for their loved one
For further information and specialist advice, please visit: Simpson Millar Court of Protection Solicitors
For some families, compensation may be awarded following a brain injury or serious injury claim. While compensation can provide vital financial security and access to rehabilitation, care, therapies, equipment, accommodation, and future support, it is important that these funds are managed carefully. Where a young person lacks capacity to manage a compensation award themselves, the Court of Protection may appoint a deputy to oversee the funds and ensure they are used in the individual’s best interests. This can include:
Having appropriate structures in place helps safeguard funds and ensure they continue supporting the individual throughout their lifetime.
Court of Protection matters can be complex and emotionally challenging for families already navigating the realities of supporting a child with complex needs. Seeking specialist advice early can help families understand their options, plan ahead, and make informed decisions with confidence. Professionals who may provide support include:
Working with professionals who understand brain injury, complex needs, and the Court of Protection can help ensure decisions are made with the individual’s long-term wellbeing at the centre.
At Big Stepping Stones, we understand that planning for adulthood can feel daunting, particularly when legal and financial considerations begin to emerge alongside ongoing care and rehabilitation needs. We encourage families to seek specialist advice from professionals with experience in Court of Protection matters, brain injury, and complex needs. Accessing the right guidance early can help families feel more informed, supported, and confident about the future. While every family’s journey is different, having the right support network around you can make all the difference when navigating important decisions for your child’s future.
