Deputyship
Actions
When a young person with special educational needs and/or disabilities (SEND) turns 18, they are legally considered an adult and are assumed to have the capacity to make their own decisions. However, in some cases, a young person may need extra support to manage important decisions around their health, welfare, or finances.
If a young adult lacks the mental capacity to make certain decisions, their family or a trusted person can apply to become their deputy through the Court of Protection.
A deputy is someone who is legally appointed to act in the best interests of the young person. There are two main types of deputyship:
-
Property and financial affairs deputy – manages money, bills, and property.
-
Personal welfare deputy – makes decisions about healthcare and daily care.
Do I need a deputy?
Not everyone with SEND will need a deputy. Many young people can make decisions with the right support under the Mental Capacity Act 2005. A deputy is only needed if a person cannot make specific decisions, even with support.
Getting support in Kensington and Chelsea
If you’re a young person or a parent/carer and think deputyship might be needed, it’s important to get advice. You can:
-
Speak to your social worker or SEND case officer
-
Contact Kensington and Chelsea's Adult Social Care for guidance
-
Visit GOV.UK – Becoming a deputy for more information about the process
Support is also available through local advocacy and legal advice services, who can help you understand your rights and options.