Anyone over the age of 16 is treated as able to make their own decisions unless assessed otherwise as per the Mental Capacity Act 2005. Most young people with SEND will be able to make all their own decisions, some may only be able to make certain decisions, while others may not be able to make any significant decisions by themselves. A person’s ability to make this decisions make change throughout their life and it’s important that all people are given an opportunity to make their own decisions if they can.
If someone is unable to make their own decisions, you can apply for deputyship. You can only do this if the person in question ‘lacks mental capacity.’ A person can lack mental capacity due to a number of factors, including the following:
People may lack mental capacity because, for example:
- They’ve had a serious brain injury or illness
- They have dementia
- They have severe learning disabilities
There are two types of deputy, financial deputies and wellbeing deputies. You can apply to become one or both.
As a wellbeing deputy, you’ll be authorised by the Court of Protection to make decisions about their medical treatment and how they're looked after. If you’re appointed, you’ll get a court order saying what you can and can't do.
When you become a deputy, you must send an annual deputy report to the Office of the Public Guardian (OPG) each year explaining the decisions you’ve made on the person's behalf.