Company News - 03 October 2024 - 3 minutes

Becoming an adult but still my child…

Becoming an adult but still my child…

Supporting Young People as They Approach Adulthood: Understanding Parental Responsibility and the Mental Capacity Act

At ILS Case Management, we understand the complexities of caring for a young person with additional needs as they approach adulthood. Whilst it can be an exciting time for some, for others it can be a very uncertain time with many changes and challenges.

One of our roles, as Case Managers, is to use our knowledge and expertise to provide families with the information and support they need to ensure they feel confident and well-prepared to support their child during this period of change.

So, what does happen, and what do you need to know?

Parental Responsibility and the Age of 16

While parental responsibility continues to encompass essential aspects like accommodation, education, and finances until your child turns 18, the way decisions are made shifts significantly at 16. Here’s why:

  • The Mental Capacity Act (MCA) applies: The MCA empowers 16 and 17-year-olds to make decisions about their care and treatment if they are deemed to have the capacity to do so. This includes consenting to or refusing medical treatment, hospital admission, and even controlling access to their medical records.

Capacity: A Decision-Specific Concept

The MCA emphasises that capacity is specific to each decision. A young person might be able to understand the implications of taking medication but struggle with complex financial matters. Assessments can be conducted to determine capacity for a particular decision.

What Happens if My Child Lacks Capacity to make a decision?

If your child is assessed to lack capacity for a particular decision, it will be made through a “best interests” process involving close family members and professionals. This ensures choices prioritise your child’s well-being.

Beyond 18: Considerations for Adult Children

Upon reaching 18, parental responsibility ceases. If your child lacks capacity for particular decisions, professionals will make decisions in their best interests, often consulting with you.

Additional Changes to Be Aware Of:

  • Benefits: Disability Living Allowance (DLA) might transition to Personal Independence Payment (PIP) at 16.
  • Healthcare Services: The transition from children’s to adult healthcare services varies by region.
  • Deputyship Options: You may explore becoming a deputy for your adult child’s property and financial affairs or health and welfare.

ILS Case Management: Here to Help

Navigating these legal changes can be overwhelming. While we have offered a simplified overview here, when we work with families, we provide all the information and support that is needed to guide them through this period of change.