Mental Capacity: Hi all, does anyone have... - FASD Support

FASD Support

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Mental Capacity

Boots5623 profile image

Hi all, does anyone have experience of mental capacity testing for their children?

I have an 18 year old who has been deemed (most conveniently) by her SW and education as having MC for decision making, in every instance so far. It has been 'formerly' tested twice in relation to where she want to live and what she wants to do. But it is all a farce because she really does not have the capacity to see the bigger picture and so can not make an informed choice. As a result, her life goes from bad to worse and she is blamed for having made poor choices when really she has had wholly inadequate support or understanding.

I am thinking about applying for Deputyship to help her steer clear of the worse of what might happen to her. I feel quite certain that we would get the order for Property and Affairs, and i would hope also for Health and Personal welfare.

I have read the book 'Special Needs and Legal Entitlement' lent to me by a friend ( a great book that i wish I'd had many years ago! covers loads about the EHCplan and lots more), and from that I understand now that the LA is in control ultimately over what happens to my daughter, where she lives etc, (now she has turned 18). I'm not happy with this as they don't understand her disability and as a result the care (and the so called education) have been woefully lacking and services have fallen very short of providing for her even most basic needs.

Anyway, before I stray off topic too far... does anyone know of a case going to Court of Protection for Deputyship of a YP with FASD? I can't find anything from googling so I'm looking for people with any kind of experience concerning mental capacity testing and deputyship.

Many thanks and Happy New Year!


5 Replies

I have Deputyship for a child of mine who was a foster child and is now in the LA limbo. He has been tested as not having capacity though as he has severe learning difficulties and no speech - not FASD. Because he has not got MC the process was easy. We just went for the financial side. I think your journey may be more difficult as once children reach that magic age they are deemed to be decision making adults, even though those of us who know about FAS realise that reality is far from their dreams. My 16 year old with FAS is adopted so I'm hoping to avoid a legal route to decision making. Good luck!

Boots5623 profile image
Boots5623 in reply to Jmt24

Thanks for that. My dd is adopted too but ever since she turned 16 and was given 'liberty' by her college she has become increasingly unpredictable and insecure with decision making. Its been a farce. Wish I'd known about deputyship when she was 15!

Good luck with your kiddos and thanks for taking time to reply.

Elliefizz profile image
Elliefizz in reply to Boots5623

Sorry to be so ignorant but what is Deputyship please

Try Dr Mukherjee at This is the only place that I know of in the uk that deals with cognitive effects due to fasd.


Hi Boots5623

I came across your post from 2 years ago and wonder if you made a Personal Welfare application for your daughter?

My Father and I are going to make an application for my brother who is in his 50's, has severe learning disabilities, lacks capacity, and lives in a residential care home for People with learning disabilities.

I hope things have improved for you since your original post.

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