College & Supported Living Prospectus 20232024 - Flipbook - Page 27
Mental Capacity & Deprivation of
Liberty (DoLs)
When children become young adults, the law around how services are
provided change. As well as our staff teams undertaking comprehensive
training around these changes, it is important for families to also understand
and have the right information on how this will affect you and your child.
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
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