Definition of capacity

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.

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