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Legal decisions

It is important that young people are supported to make their own decisions and sometimes mistakes. If you or someone else has to make a decision on behalf of a young person, it must always be in their best interest.

For young people who have multiple or profound disabilities it may be decided that a close family member, relative or independent mental capacity advocate (IMCA) can make a decision on their behalf. Once again, the young person must always be involved as much as possible.

Most decisions made as a family shouldn't require legal action. Legal processes have serious consequences and are often difficult and taxing on those involved.

Managing a young person's money and benefits - Appointeeship

Becoming an appointee is a simple process and should be considered before financial deputyship. Financial deputyship is in place for those with more than one source of income, significant investments and savings.

When people turn 16 they usually become responsible for any benefits they claim. Some people can't manage this, so a family member or a carer becomes an 'appointee'.

This means that they will make claims, give information that's required, and inform of any changes that may affect your entitlement to benefits. The benefits will be paid to them on your behalf.

Becoming an appointee is an easy and simple process and should be considered before financial deputyship. Financial deputyship is in place for those with more than one source of income, significant investments and savings.

Before choosing appointeeship, you may want to consider other ways to help manage your young person's money, like opening a joint bank account.

Become an appointee

Making decisions on behalf of a young person - Deputyship

Applying for, and becoming a Deputy, means that you’ll be authorised by the Court of Protection to make decisions on a young person's behalf if they 'lack mental capacity'. They may still be able to make decisions for themselves at another time or about a different topic.

The Mental Capacity Act is in place to protect young people who 'lack mental capacity', it stops blanket assessments of someone’s ability to make decisions based on their disability.

There are two types of deputy and you can apply to be one or both types. Gov.uk has the full list of responsibilities for both types of deputy:

  • Property and financial affairs deputy - this kind of deputy does things like pay the young person's bills or organise their pension.
  • Personal welfare deputy - this kind of deputy makes decisions about medical treatment and the way the young person is looked after.
Apply to become a deputy

Wills and Inheritance

It is every parent's priority that their child or young person remains as happy and as comfortable as possible when they have passed. For lots of parents this may mean leaving an inheritance gift of some kind to help support their young person's independence.

There are lots of different ways to plan for and protect your young person's future, as well as lots of factors to consider. If you're thinking about leaving your young person an inheritance, it is important to remember that:

  • in some cases, leaving a lump sum of money can cause benefits and support (previously funded by the local authorities) to be cut off.
  • loved ones could become the target for financial abuse from others.
  • leaving large sums of money or assets can be overwhelming for the recipient.

How could a trust help?

If your child or young person has a profound disability or lacks 'mental capacity' you may consider putting your inheritance gift into a trust. A trust is a legal arrangement that enables between 2 and 4 people (trustees) to manage the inheritance gift left to your child, or young person, according to your wishes.

Scope.org.uk has lots of information about trusts as well as an advice line

Some trusts also get special tax treatment, these trusts are called Trusts for Vulnerable Beneficiaries.

Mencap - Protecting their future

A video to help explain what long term financial planning options you have as a parent with a young person who has SEND.

Cookies

Like many other websites, we place small information files called 'cookies' on your computer.

Why do we use cookies?

To remember your settings, for example your language and location. This means you don’t have to keep entering these details when you visit a new page.

To find out how you use the site to help us update and improve it.

How do I change my cookie settings?

You can change the settings of your web browser so that it won’t accept cookies. For more information visit AboutCookies.org.

But, doing this may stop you from using some of the online features and services on this website. 

Cookies we use

Cookies do a lot of different jobs, and we use 2 types of cookies:

Required functionality cookies – these cookies are essential for the website to work.

Performance and feature cookies – these cookies help to improve the performance and feel of this website, for example providing you with personalised services.


Take a look at a list of cookies we use on our website:

NameTypeHow we use itHow long we use the information for

ASP.Net_Sessions

 

Required functionality

An automatic cookie set by our software. 

Just for the time you are on our website.

ServerID

 

Required functionality

An automatic cookie set by our software. 

Just for the time you are on our website.

_ga

Required functionality

To track the effectiveness of our website using Google Analytics. 

2 years

saved-pages

Performance and feature

To save the pages that you visit by clicking the heart at the top of the page. 

1 month

geoPostcode

Performance and feature

This stores your postcode (or partial postcode) when we ask you for your location.

Just for the time you are on our website or 30 days (you choose this).

geoCoordinates

Performance and feature

This stores your location as a pair of latitude / longitude coordinates.

Just for the time you are on our website or 30 days (you choose this).

reckonerName-history

Performance and feature

This keeps a history of all answers submitted to the ready reckoner.

This is set in the control for each ready reckoner. If you haven't interacted with the ready reckoner for the set amount of days, the cookies are deleted.

reckonerName-content

Performance and feature

This keeps a history of what content cards are clicked on when using the ready reckoner.

This is set in the control for each ready reckoner. If you haven't interacted with the ready reckoner for the set amount of days, the cookies are deleted.

SQ_SYSTEM_SESSION

Required functionality

This used to track user sessions on forms hosted on eservices.hertfordshire.gov.uk

Just for the time you are on our website.

Third party cookies

There are links and content from other sites and services on our website. These sites and services set their own cookies.

Below are a list of cookies that the other sites and services use:

Service namePurposeMore information

Google analytics (_utma/b/c/z)

These are used to compile reports for us on how people use this site.

Cookies of the same names are also used for the same purpose by other websites such as Building Futures, Countryside Management Service and Hertfordshire LIS.

Visit the Google Analytics website for more information about the cookies they use.

You can prevent data from being collected and used by Google Analytics by installing Google's Opt-out Browser Add-on.

Google Translation - googtrans

This cookie is used to remember which language to translate each page into if you have chosen to do so.

It expires at the end of your browser session.

Bing

We use a Bing cookie to track the success of our marketing campaigns and make them more efficient.

Visit Bing to find out more about their cookies.

Google

We use a Google cookie to track the success of our marketing campaigns and make them more efficient.

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Facebook

We have a number of presences on Facebook, which we may link to. Facebook may set some of its own cookies if you follow these links.

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We have a number of presences and feeds on Twitter, which you may wish to follow or read from this website. Twitter may set some of its own cookies.

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YouTube

We have a YouTube channel, which we may link to. YouTube may set some of its own cookies if you follow those links.

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Netloan

This ASP.NET_Sessionid cookie is essential for the Netloan secure online payments website to work, and is set when you arrive to the site. This cookie is deleted when you close your browser.

 

HotJar

This session cookie is set to let Hotjar know whether that visitor is included in the sample which is used to generate funnels.

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Siteimprove

These cookies are set to help us report on how people are using the site so we can improve it.

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