Parents of children or young people who lack the mental capacity to make their own financial decisions will not need to pay the court fees to access a Child Trust Fund.
Families may need to access their child’s funds in order to support the child’s future. If a young person lacks the mental capacity to handle their finances, then a parent or guardian can apply to the Court of Protection so they can instead manage the funds. Announced earlier this week, the government has waived the fee for those who need to apply to the Court of Protection.
Justice Minister, Alex Chalk commented: “We want to reduce the obstacles families face in supporting young people who lack mental capacity. This fee remission will ensure that families who need to go to the Court of Protection to access these funds will not suffer financially as a result.”
Professor Baroness Finlay, Llandaff Chair of the National Mental Capacity Forum, commented: We need to balance the needs of families with children with a learning disability with ensuring appropriate safeguards are in place. Improving guidance and removing the need to pay fees are welcome steps to providing that balance.
Most families won’t have to pay the fee, as the current eligibility for exemption can be met if the family applies before the child’s 18th birthday or if they request a fee waiver via the Help with Fees scheme.
Dan Scorer, Head of Policy and Public Affairs at the learning disability charity Mencap, said:
“High costs and the complexity of the legal system are stopping families from accessing Child Trust Fund money for young people with a learning disability who can’t manage the funds themselves. We welcome the government’s commitment that no one will have to pay fees to solely access a Child Trust Fund via the Court of Protection.”
For more information on how you can apply to the Court of Protection, call 0800 or email email@example.com