Does a young autistic person have mental capacity?

[Rupertthebear]

What is the different criteria used in deciding whether a young autistic adult has mental capacity? What tests are given? Who are the people around them who may make a contribution as witnesses? What things can’t people without mental capacity able to do?

[Hidden]

Any sign of awareness makes you not lack of mental capacity. My son is nonverbal and will pull away when he doesn’t want something and that shows he is making a decision. But obviously we are informed of any decision made

[Rupertthebear in reply to Hidden]

I am sure there must be more to it than that!

[Hidden in reply to Rupertthebear]

I have only my experience and he was given medication on the assumption he was willing to take it and we were aware of it He is low functioning. Sorry can’t explain it that well

[Hidden in reply to Hidden]

Because he was low functioning I thought he might lack mental capacity but apparently not

[BenjiB in reply to Hidden]

My son is non verbal but can indicate his wants and needs like what he wants to eat for example. He’s still classed as not having mental capacity though. He can’t make informed, long term decisions. There much more to it than that and is usually assessed by a medical professional.

[Lindypops56 in reply to Hidden]

Having capacity means being able to make an informed choice about something once you have been given all the information that is relevant. Capacity is usually assessed by a medical professional ( a psychiatrist in the case of my son who is also autistic). In Scotland this is overseen by the Adults with Incapacity Act - there will be an equivalent in England. Welfare Guardians are then appointed to make those decisions that the person without capacity is unable to make.Capacity to consent to medical treatment: financial matters etc. It is a process that provides protection to vulnerable adults who are unable to make their own decisions

[Hidden]

Since you are asking about autistic person you might be interested in support group MyAutismTeam just google and sign up. I hope this support group helps you

[AES71]

My daughter was assessed by her social worker assistant. She could show she understood what was being explained to her so it was deemed she had mental capacity. We have, therefore, gone down the route of LPAs in order to be able to support her.We do feel, however, that because of how she is she will readily agree with anything so we have to try to ensure she speaks with us about things.

Very tricky.

Most places will say they have to assess mental capacity on every/any scenario so we found it difficult to get this done.

Good luck with it all.

[TC65]

To have mental capacity a person must be able to 1 . Understand the information relevant to the decision

2. Retain the information

3. Weigh up and balance that information

4. Communicate their decision - this can be in any way ie does not have to be verbally

People can have capacity for one thing and not for another ; I am not sure what decision the young person is being assessed for - this would need to be very clear eg capacity to make decisions re finance , where they live , consent to medical treatment . Each decision is obviously very different so would be assessed separately.

The person has to be given as much help as is practical to make the decision - eg accessible information etc

There is lots of information on line - mencap and other organisations do some really good guides .

I hope this helps

[CT76]

I have wondered this too, especially now they are planning a mental capacitiy assessment for my 18 year old son.He can make decisions on weather approripriate clothes, what he wants to eat/ drink, watch on tv /radio, what activities he wants to do, taking meds. For other decision making situations he would just agree and say yes.

[Rupertthebear]

Thank you everyone. I went to get a LPA and was told that he needs a letter confirming he has mental capacity. Who can do such a letter? I know someone has said psychiatrist but do GP do it too?

[49Twister in reply to Rupertthebear]

Yes a GP can or psychologist or social worker. I’m going through the same at the moment.

[TC65 in reply to Rupertthebear]

I am not sure what you are getting LPA for if it’s for health and welfare then you can only make decisions when your son lacks capacity . In other words your son has to have capacity to decide he wants you to act as his attorney and what that means and you can only use the LPA if and when he loses capacity . The finance one is slightly different

[49Twister in reply to TC65]

That’s not true. If they have no capacity they will need deputyship. If they have some capacity you go down the LPA route. His son will need to give permission for him to be his attorney but means his dad will have some involvement in making decisions regarding health and finances.

[TC65 in reply to 49Twister]

I think you have misunderstood my response . In order for a person to appoint an attorney they need to have capacity to understand what an attorney is and what decisions they will be making . There are 2 differences in when the attorney can act depending on what type of LPA it is health and welfare the attorney can only start to make decisions for the person when they have lost capacity . Finance the person can choose to allow their attorney to act when they still have capacity or only when they lack capacity . I agree deputyship only applies when the person does not have capacity to choose who represents them in decision making .

The mistake lots of people make is thinking they can set the LPA up for their relative and then make decisions -this is not what it is intended for .It should be driven by the person who wants someone to be able to make decisions when they are no longer able to .

[49Twister in reply to TC65]

I know an LPA for me or you would only start when we lose capacity (god forbid) but if someone has a learning disability does an LPA not give more clout in supporting that person making decisions regarding health and finances for that person. If someone could explain in layman’s terms please.

[TC65 in reply to 49Twister]

Hello Again

LPA is the same for everyone it doesn’t matter it it’s you or I or a person with a learning disability the same rules apply there is no difference

But of course you should be able to be involved in supporting a relative or friend with a learning disability to make decisions if they would like that support and you don’t need LPA to help to help someone .

I hope this helps

[49Twister in reply to TC65]

Thanks for your reply but I’m even more confused. There has been so much debate on this subject of LPA’s on this site, recommending an LPA for parents like me, but your actually saying it’s not necessary and won’t make any difference. I will be able to support my son in decisions regarding health and finance without an LPA. Is this written down anywhere if I need to convince others who are involved in supporting my son. Thanks again.