Blog

As parents, we all want to protect and care for our children, and when they are younger it is generally acknowledged that parents have a right, and a responsibility, to do so. The law gives children more rights and responsibilities as they grow up, and when a child turns 16 they are effectively considered an adult and in many situations are deemed to be able to make decisions independently.

If however your child is unable to make decisions for themselves, perhaps due to a lifelong disability, catastrophic injury or declining health, an application can be made to the Court for someone to be appointed as Guardian.

A Guardianship Order is a court appointment which authorises a person to act and make decisions on behalf of an adult with incapacity. When a child turns 16, they may need to make decisions about medical treatment, care, education, training, work, and social activities amongst other things. If they do not have the capacity to make these sorts of decisions themselves, in these situations, having a guardianship is important.

Guardianships can cover a combination of welfare powers and financial powers, e.g.:

• Consent to medical treatment and care
• Arranging ongoing education, training, and/or access to adult care services
• Ensuing the young adult's safety while using the internet and social media
• Claiming direct payments on the young adult's behalf to meet the cost of care and support
• Claiming a Government Child Trust Fund on the young adult's behalf