Adult Services Prospectus 20232024 - Flipbook - Page 23
Mental Capacity & Deprivation of
Liberty (DoLs)
Mental Capacity Act
The Act is about how decisions are made concerning adults. It applies to all
people who are 16 and over in England and Wales. The law says that every
adult, whatever their disability, has the right to make their own decisions
wherever possible. There are many important decisions that people with severe
or profound disabilities will not be able to make for themselves. This Act
provides a legal way for people to make decisions for adults in their best
interests when they lack capacity to do so for themselves.
Deprivation of Liberty Safeguards
Like all of us, the individuals we support may need care or treatment at some
point in their lives. Everyone should be supported in a way that is safe and gives
individuals the freedom to do what they want to do. Preventing anyone from
this right on a regular basis is called being deprived of their liberty. Sometimes
individuals receiving support or treatment might be deprived of their liberty to
keep them safe - this would be a decision made in their best interests. If an
individual is deprived of their liberty, this is recorded within a special protection
called safeguards to make sure they are supported properly and are kept safe.
Deputyship
If a person does not have the mental capacity to make important decision or
grant a power of attorney to a person of their choice, then the Court of
Protection can appoint a deputy to make decisions and receive information
about a person on their behalf. This is usually a family member or an advocate.
You have to apply to the Court of Protection to become a deputy, and you will
require the application to be made in order to sign the tenancy agreement for
supported living. We will support and signpost you on how to do this. Once
complete, you will need to provide St Elizabeth’s with copies of the appropriate
paperwork to show that you have the necessary authority.
More information can be found at www.mencap.org.uk
22
