Understanding Mental Capacity and Decision Making
As young people with SEND approach adulthood, it’s important to understand how decisions are made, especially if they may need support to make choices about their care, health, or finances. The Mental Capacity Act (MCA) is a law that helps protect people who may not be able to make some decisions for themselves. It also sets out how others can support them in a fair and respectful way.
The resources below explain what mental capacity means, how it is assessed, and what options are available if someone needs help making decisions. They also cover legal tools like Power of Attorney and Deputyship, which allow trusted people to make decisions on someone’s behalf when needed.
General Advice and Guidance
Parental Responsibility & Mental Capacity After Age 16 Parental responsibility & mental capacity beyond 16 | Contact This document explains what happens when a young person turns 16 and may not be able to make decisions on their own. It covers parental responsibility, Power of Attorney, Deputyship, and being an Appointee. It also explains the 5 key principles of the Mental Capacity Act.
Benefits at Age 16 Benefits at 16 | Contact This section explains what an Appointee is (someone who manages benefits for a young adult) and how to apply to become one.
Becoming an Appointee for Benefits Become an appointee for someone claiming benefits - GOV.UK This page explains how to become an Appointee for someone who needs help managing their benefits.
Decision-Making Profile Decision Making Profile - NDTi This tool helps young people think about how they make decisions and what support they might need to make choices for themselves.
Assessment of Capacity
Mental Capacity Act Resource Pack [mental capacity act resource pack_1.pdf – Mencap](https://www.mencap.org.uk/sites/default/files/2016-06/mental capacity act resource pack_1.pdf) This pack explains the Mental Capacity Act (MCA) in a clear way. It covers how someone’s ability to make decisions is assessed, what “best interest” decisions mean, who can make decisions, and what kinds of decisions are covered. It also includes tools to help you and the person you support make decisions about health and care.
Checking Mental Capacity Make decisions on behalf of someone: Checking mental capacity - GOV.UK This page explains how to check if someone has the mental capacity to make decisions and what to do if they don’t.
Video: Assessing Capacity Assessing capacity - SCIE This resource explains how mental capacity is assessed. It includes a helpful video showing someone being assessed for financial decision-making.
Power of Attorney
Overview of Power of Attorney (POA) Make, register or end a lasting power of attorney: Overview - GOV.UK This page gives a clear overview of what Power of Attorney is, how to set one up, register it, and how to end it if needed.
Understanding Power of Attorney Lasting power of attorney - SCIE This resource explains:
- What Power of Attorney means
- The two types: one for health and care decisions, and one for financial decisions
- How to choose someone to act as your attorney
- What rules and responsibilities they have
- How to add conditions or limits
- How to cancel a Power of Attorney
- It also includes a helpful video that explains everything in a simple way.
Deputyship
Overview of Deputyship Deputies: make decisions for someone who lacks capacity - GOV.UK This page explains what deputyship is. It includes how to apply, what a deputy does, the costs involved, how to manage accounts, and how to complete a deputyship report. It’s a helpful starting point for families who may need to make decisions on behalf of a young adult.
Understanding Court-Appointed Deputies Court-appointed deputies - SCIE This resource explains:
- What a deputy is
- The two types of deputyship: one for health and care decisions, and one for financial decisions
- What the deputy’s responsibilities are
- It also includes examples and guidance to help families understand the role clearly.
Deputy Standards – Office of the Public Guardian OPG Deputy Standards - GOV.UK Sets out the standards expected of court-appointed deputies.
Deputy’s Declaration (COP4) COP4 Deputy’s Declaration Court of Protection form used when applying for deputyship.