Helping families with SEND children
Our experts are experienced in assisting vulnerable adults and we support parents and carers in making plans to support children with Autistic Spectrum Disorder, special educational needs or those who are disabled. We help to ensure the child or children’s future is secured and parents are reassured that they have put in place necessary protections and care.
With vast experience in this area, we advise families with tact and sensitivity
Parents naturally worry about their children’s future, but when your child has disabilities or special educational needs these concerns are intensified especially when asking yourself:
- How can you provide for and protect children with SEND after you die or if you lose mental capacity and can no longer care for them
- How can you make sure that you have the right legal planning in place to make sure that the most appropriate people can make decisions and look after for your child
Nobody likes thinking about death, disease or not having mental capacity. However, these very real-life issues happen and being prepared for them, especially if you have a child with SEND is vital to ensure that they are protected and cared for properly in the future.
We understand that as a parent of a child with SEND your time can be limited, and you often have more than enough on your plate.
We take the time to get to know your unique situation so that with our knowledge, experience and a healthy dose of empathy we can help you plan and put in place the right protection for your children.
Our lawyers are expert in putting in place practical and effective legal protection for families of children with SEND. We will work with you to get the best, most appropriate and flexible plans in place – from Bespoke Wills and Lasting Powers of Attorney to Court of Protection and capacity advice for your child to make certain that your family’s future is safe – no matter what happens along the way.
When is the right time to put protections in place?
The best time to start is now, as legal documents can always be altered as you move through your life but if they are not in place, there may be significant risk to your child’s financial future and the support they receive.
This is because without the correct documents in place there would be costly court expenses which would be taken either out of your Bespoke Will if you passed away, or enforced orders to care for your child if you lost the mental capacity to do so. If your child did inherit your wealth without any plans in place for protection, there is a risk that they would be vulnerable to loss of vital government care services, financial abuse and further emotional distress.
As parents, we understand that you want to make life as easy as possible for your child, and protect them from these risks, therefore if these documents are in place your child will experience a much easier, transparent and quicker process which is completely dictated by your wishes and intentions for the future.
It’s one less thing that you need to worry about.
Frequently asked questions
Act early for peace of mind
When do I need to speak to a lawyer?
- If you have no Will
- If you have a Will but but there is no specific provision or flexibility for your child with SEND, such as setting up a discretionary trust
- If you have a child with SEND approaching the age of 18 and you want to put in place appropriate decision makers for their adulthood, either through LPA (if the child has capacity) or deputyship application to the Court (if they do not have capacity)
- If you have a child with SEND of any age who may not attain the level of capacity that’s needed for making future financial or welfare decisions and have no appropriate Court deputyship in place
How can The Burnside Partnership support me?
We provide specialist help, completely tailored to you and your family to set up:
- A Will which takes into account the complex needs and care required for your child, from the early years into adulthood or as long as they need support. This includes choosing suitable people to support and care for them throughout their life and after you are gone
- A Lasting Power of Attorney which protects your assets, business and more importantly the future of your child or children should you lose the mental capacity to make decisions
- Protections for your child’s future
Don’t worry if you feel overwhelmed, we are here to help and support you
With intimate experience of the challenges you face, we completely understand the tough decisions you are grappling with. We are experts in anticipating problems and surmounting them. We take the time to fully understand your aims and wishes and advise clearly, breaking down options and explaining things so that you can be confident you have the best plan in place.
Who should I contact at The Burnside Partnership?
You can speak to Alison Craggs or Joanna Ensor, pictured left, who will be able to assist you with your enquiry.
Our team are here to support you every step of the way
Meet our expert team
Our clients value our technical excellence, in-depth knowledge and yet friendly and down-to-earth approach. We have a strong team ethos and value the contribution of every member of our staff to the client service we strive to deliver.
Alison Craggs
Partner
Joanna Ensor
Partner
Anna Burnside
Senior Partner
Sabrina Underwood
Senior Associate
Anna Boucher
Senior Associate
Case Study | August 2024
We created flexible Wills to cater for vulnerable beneficiaries
We advised the clients to make flexible Wills which would allow their executors some discretion and consideration of any family and financial circumstances at their date of death. In this way, the potential future needs of any vulnerable children or future grandchildren could be taken into account. It would allow their executors to hold funds on behalf of one of the beneficiaries either to be managed on their behalf or distributed at a suitable time
Source | 2024
“We want The Burnside Partnership to advise us on making sure our Wills are tax efficient. We want to settle things so that both our children will benefit, and so that matters will run smoothly in the event of one of us dying before the other. One of us is also expecting an inheritance from another estate, and so we need advice on the Inheritance Tax implications.”