can social services get a deputyship if I have capacity normally but often lose capacity

[bob_billy123]

due to schizophrenia and delusions. I have a deputyship now with county hall but I have capacity as I’m allowed to travel to Sri Lanka with all my spending money. It’s written down I lose capacity when unwell. Can they keep deputy in place legally all the time in case I lose capacity? I also have a iq of 69 and they’ve written I’m vulnerable and I failed the last two capacity assessments. What does that mean?

[Chocolate-heals-all]

Hi Bob ! The mental capacity assessment is a snapshot of that particular instant, and it may well be that they only come out and see you when you’re at your worst. So, you didn’t fail anything. Just, the last two times they assessed your mental capacity, they found you didn’t have capacity to make whatever decision had to be made, so they would have made a decision on your behalf. The law of the land says that, if they did that, any decisions must be made in your best interest.

Your local learning disabilities service might be able to advise you. Your GP or social worker should be able to refer you to them. Otherwise, there’s Mencap and also the Elfrida Society, in Islington, London, if you happen to be near there. I think it’s probably a good idea to speak with two different people, about this, for extra perspective.

Deputyship is in place indefinitely, but it only allows a person to override your decisions on those occasions when you’re lacking the mental capacity to make them. And they have to help you to get your head around the facts, before they go saying you can’t decide.

IQ isn’t a great tool for assessing whether you can make a decision. Your patience, persistence, willingness to listen, your life experience - and your health, stress levels, emotional state - and the nature of the decision you’re facing - all feed in to whether you have mental capacity.