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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

• Ensuring 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

Here are just a few reasons why having a guardianship in place is important for adults with incapacity:

1. It ensures their wishes are respected: By appointing yourself as a guardian, you can be sure that their wishes and preferences are taken into account when decisions are being made on their behalf. This can provide peace of mind and help ensure that their care and wellbeing are in line with their values and beliefs.
2. It gives clarity about who can make decisions: When there is no guardianship in place, professionals working with the young adult may be unable to action the wishes of the adult and their family as there is no legal authority for them to do so.  Decisions can be made on the adult’s behalf as and when needed without any unnecessary delay.
3. It can provide continuity of care: When a guardianship is in place, the person with incapacity can be assured that there is someone they know and trust making decisions on their behalf. This can provide a sense of security and help ensure that their care is consistent and of a high quality
4. It can ensure that any financial powers are tailored to the young adult’s needs: Extensive financial guardianship powers may not be needed to manage a young adult’s funds, avoiding unnecessary additional paperwork for families.

At Macnabs, we can provide expert guidance and support to help you put a guardianship in place. We have considerable experience in this area and can guide you through the process with sensitivity and skill, and can also represent your interests at any court hearings if required.