I am advising clients who are parents of a severely learning disabled girl who is turning 18 in two weeks time. She does not have capacity to manage her own affairs and will never live independently. With all good intentions they have been spending their own money on her and saving birthday and Christmas gifts from extended family, her Disability Living Allowance and now her PiP payments, throughout her childhood into a simple bank account in her name, on which the mother is named as trustee. It now amounts to about £100k. I am satisfied that it is in her best interests for the monies to be protected for the purpose of assessment for benefits and want to use s32 to make a settled advance into either a disabled persons trust or even a fully flexible discretionary trust. However, there is no trust document as such so am I right in thinking that the date for commencement of the trust will be the date the bank account was opened which was 2000. In which case, can I only advance half? Could the parents instead / as well as, rely on the Children Act and their parental responsibility, in order to decide to settle it all on discretionary trust? do Forum members have any ideas about how to deal with this?