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Children with special educational needs and disabilities (SEND)


A secure future for your child

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 out 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 is very 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 expert 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 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 for my SEND child or children?

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 the financial future of your child and the support that 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 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 a parent, 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.
Please do contact us for more information.

Act early, for peace of mind your child’s needs will always be met

When do I need to speak to a lawyer?

    If you have no Will.
    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 we can support you

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.

Thorough, intelligent and easy to talk to.

Chambers, High Net Worth 2017

Contact The Burnside Partnership

If you have a question about our services for parents of SEND children please get in touch