The Ministry of Justice has begun efforts to raise awareness of the Mental Capacity Act after deciding this was a better approach to helping parents access child savings accounts after the child turns 18 rather than design a new system from scratch.

The department consulted on setting up a small payments scheme that would have enabled parents and carers to access up to £2,500 from their child’s savings without going through the Court of Protection. However, while an overwhelming majority of consultation respondents, including the Law Society, supported the establishment of such a scheme, there was no clear consensus on how the scheme could be set up and operate safely.

The department decided instead to raise awareness about the need to obtain legal authority before a child turns 18 and work with the Court of Protection to improve the application process.

Today, a toolkit was unveiled for parents and carers explaining their rights and what they need to do under the MCA to manage the finances of their child, should the child lose capacity to make decisions for themselves.

Justice minister Mike Freer MP said: ‘Parents who care for their disabled children face huge challenges every day and we understand the frustration they’ve often experienced when trying to access their savings.

‘Raising awareness of the Mental Capacity Act is a vital part of supporting families, so they better understand the important and necessary steps they need to take when their loved one loses capacity – easing their child’s transition into adulthood while protecting their finances from fraud.’

Parents and carers are told that by the time they finish reading the 26-page guide, they should be able to understand what lacking mental capacity means and the decision-making principles, the changes to decision-making when a child reaches adulthood, the relevant route to making financial decisions on behalf of a young person, and preparations for making financial decisions after the child turns 18.

 

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