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Child Trust Funds: What happens when a child lacks mental capacity?

By Sian Thompson

Published In: Court of Protection

When Child Trust Funds (CTFs) were introduced in 2005, they were designed to give every child born in the UK between 1 September 2002 and 2 January 2011 a financial head start for adulthood. Parents, family members and even the Government could pay into the account, with the idea that the child would access the money at age 18.

But what happens if, when the child turns 18, they lack the mental capacity to manage their own finances? Many families are surprised to discover that the money does not automatically pass to parents or carers instead, it becomes a matter for the Court of Protection.

At Pryers Solicitors, we regularly help families through this situation. Here’s what you need to know.

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Why can't parents automatically access the money?

Once a child turns 18, the Child Trust Fund legally belongs to them. If that young person cannot manage their money because of a disability, illness, or learning difficulty, parents do not automatically have the right to access the funds.

This is because the law is designed to protect vulnerable people. Instead, a parent or carer must apply to the Court of Protection for authority to manage the money on the young person’s behalf.

Applying to the Court of Protection

To access a Child Trust Fund where the child lacks capacity, you’ll need to:

  1. Apply for a Deputyship Order – This gives you legal authority to manage your child’s financial affairs.
  2. Provide medical evidence – A professional must confirm that your child does not have the mental capacity to make financial decisions.
  3. Wait for approval – The Court of Protection will review the application and, if successful, appoint you as a deputy.

Once appointed, you can then access the Child Trust Fund and manage it in your child’s best interests.

What can the money be used for?

As a deputy, you must always act in your child’s best interests. Money from the trust can be used for things like:

  • Specialist equipment or technology.
  • Educational or therapeutic support.
  • Home adaptations to improve independence.
  • Recreational activities that enhance wellbeing.

The Court of Protection and the Office of the Public Guardian oversee deputies to ensure that funds are used appropriately.

Why families often need legal support

The application process can feel complicated, especially when families are already managing the daily challenges of caring for a vulnerable young person. Solicitors experienced in Court of Protection work can:

  • Prepare and submit the application correctly.
  • Ensure medical evidence is provided in the right format.
  • Act as a professional deputy, if parents prefer not to take on the role.
  • Provide ongoing advice about managing the funds.

How Pryers Solicitors can help

At Pryers, we understand that families simply want to do what’s best for their child. Our specialist Court of Protection solicitors can guide you through every step of the process, ensuring that the Child Trust Fund is accessed smoothly and used in your child’s best interests.

If your child is turning 18 and you’re worried about accessing their Child Trust Fund, we’re here to help. Contact Pryers Solciitors today to speak to one of our Court of Protection specialists by filling out the form below.

Contact Pryers Court of Protection solicitors today by calling 01904 409 720 or get in touch with us using the form below.

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sian thompson

Sian is a solicitor and professional trustee who works with clients to make sure they have the financial protections the need to live their best life.

Solicitor and professional trustee

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Families who support a vulnerable person often want the same things: security, dignity and the best quality of life possible. When a person lacks mental capacity, managing money can become more complex. Without the right arrangements in place, there is a risk that they may not receive the benefits they are entitled to, or that their funds may not be used in the best way to support their needs.

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