Question to the Ministry of Justice:

To ask Her Majesty's Government what estimate they have made of the number of young people who do not have the required mental capacity to make the decision to access a Child Trust Fund at the age of 18; and what steps they are taking to ensure that such young people do have access to those funds.

We do not have figures to show what proportion of young people who wish to access a Child Trust Fund at age 18 may lack the mental capacity to make financial decisions.

While the parents (or a guardian) of children with disabilities can make decisions on their child’s behalf, once their child turns 18 this situation changes. 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 legal 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.

We are working with financial institutions to ensure that the parents of young people who do not have the required mental capacity to make the decision to access a Child Trust Fund at age 18 receive advance information about Lasting Powers of Attorney and the possible need to make an application to the Court of Protection, so that the necessary legal powers to access the accounts are obtained in advance of the Child Trust Fund maturing.

Fees are payable to register Lasting Powers of Attorney and for applications to the Court. 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.