Capacity : As I understand it when anyone becomes of... - Mencap

Mencap

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Capacity

Head_cook profile image
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As I understand it when anyone becomes of age ie 18 and you want to oversee their affairs then this is where The Mental Health Act kicks in. You can not assume to take charge as the adult in question needs a capacity assessment, there’s various degrees of capacity. From being able to blink for a yes to a mild LD . This is why the Act came into force to help the adult make choices. It is supposed to guard them against abuse. I was told by a lawyer that if you pay hundreds of pounds to a solicitor for this then they are not worth their salt as The Act can be disputed in a court of law to protect the adult. But apply to oversee his health etc.. I’m not a legal advisor just passing on what I’ve been told, BUT the worrying part is there’s a petition at the moment to say it’s now not fit for purpose , very worrying!

action.mind.org.uk/write-yo...

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Head_cook
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Sugar59 profile image
Sugar59

Hi, look into applying for a Power of Attorney - one for health etc and one for finances. You can do it yourself through the government website for a small fee. You'll then be legally registered as taking care of his/her affairs. Good luck.

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