Capacity means the mental capacity to make decisions for themselves over the age of 16. The relevant legislation is the Mental Capacity Act 2005.
The MCA has 5 principles at its core:
Principle 1 – A presumption of capacity
Principle 2 – The right to be supported when making decisions
Principle 3 – An unwise decision cannot be seen as a wrong decision
Principle 4 – Best interests must be at the heart of all decision making
Principle 5 – Any intervention must be with the least restriction possible
Professional Deputies also have paralegals working with them. They are at a lower pay rate and should be the first point of contact to prevent high bills to the child’s funds.