Do you have experience of the Mental Capacity Act? Would you like to help us report to the Government on how the Act is working?

[headwayuk]

Hello members,

Headway has been invited to present our views on the Mental Capacity Act (MCA) to a Government committee on the 9th July in the House of Lords. This forms part of a review of how the Act is working since its implementation a number of years ago.

We would like to gather experiences from people who have experience of the MCA. If you have acted as a Deputy to make decisions on someone's behalf, had experience of important treatment decisions being made for someone who lacks capacity, had to apply to the Court of Protection to ask them to make a decision, or have experience of anything else relating to the Act, we would really like to hear from you.

We would also like the opinions of people who have a sustained a brain injury and have had decisions made on their behalf under the Mental Capacity Act.

Comments on what you did, what worked, what you found difficult and how you think things could be improved would all be helpful.

If you can help, please post your thoughts and experiences below and they may be included in our briefing document for the Committee.

If you have any confidential comments you would like to submit, please email them to Andrew at Headway on [e-mail]

We hope that this will make a positive difference to this important piece of legislation.

Thank you for your support,

Headway.

[pollyanne]

Have read a lot of things about this and delighted you are gathering information. A major problem seems to be the low interest rate and the lack of access to large amounts. We are being targeted down this route by our solicitor but we oposing it but ultimately may have no say in the matter as a court may find insist all compensatiion remain in the court of protection.

[bikerlifestyle in reply to pollyanne]

could it not go into a special needs trust?

[bikerlifestyle in reply to bikerlifestyle]

my wife and my sister are my trustees

[pollyanne in reply to bikerlifestyle]

Hi bikerlife-they wanted solicitors! but we are all

pretty determined not to go down that route as OH

wants myself and sons-we shall see how it go's on as we are still

a long way off agreeing with insurers etc

[bikerlifestyle in reply to pollyanne]

the good thing about a special need trust is that it does not affect benefits, and is not classed as savings or income. so it protects the compo from being swallowed up by the state, and in reality you can spend it on what the hell you like

[pollyanne in reply to bikerlifestyle]

that sounds very interesting! i shall investigate and put spending it on sex, drugs and rock and roll on hold for the time being!!!!!!!

[bikerlifestyle in reply to pollyanne]

haha, it does cost a few hundred to set one up, but its worth every penny