Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if he will take steps to remove fees for child trust funds access that may unfairly disadvantage families with children with disabilities.

A parent (or a guardian) of a child with a disability can make decisions on their behalf, but only while the child is under 18. In order for the parents of adult children to make decisions on their behalf, including in relation to their financial affairs, they must be granted powers to do so, either by a Lasting Power of Attorney or by authorisation from the Court of Protection – the specialist court that deals with issues concerning a lack of capacity.

Fees are payable in respect of applications to the Court and applications to register Lasting Powers of Attorney. We recognise that these fees may be difficult for some people to afford.

Help with Lasting Power of Attorney registration fees, Court of Protection fees and deputy supervision fees is available, depending upon the financial circumstances of the person who lacks mental capacity, and in some cases a full fee exemption may be available.