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 these decisions may change throughout their lifetime, and it’s important that all people are given an opportunity to make their own decisions if they can.
Deputyship
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:
- 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 deputy, you’ll be authorised by the Court of Protection to organize a person's estate, bills, and paid services on their behalf and for the betterment of their interests. 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.