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Mental Capacity Act toolkit

Mental Capacity Act toolkit

Earlier this year, the government confirmed that the Mental Capacity Act 2005 would not be changed to make it easier for parents to access children’s saving accounts after they turn 18. This was due to a lack of clear consensus as to how the proposed scheme would be set up, and concern that such a scheme might be just as complex to navigate as the current process. 

The Ministry of Justice instead confirmed it would raise awareness about the need to obtain legal authority to make financial decisions on someone’s behalf, before they turn 18, and work with the Court of Protection to improve the application process. 
On 9 June 2023, a ‘toolkit’ for parents and carers was published by the Ministry of Justice.

The toolkit is described as a ‘guide for parents and carers to make financial decisions on behalf of young people from ages 14 to 25 who may lack the mental capacity to make decisions for themselves.’ The guide aims to explain the principles of decision making and the processes in place to make financial decisions on a young person’s behalf. The guide confirms that the processes ‘exist to protect young people and their money’ as well as to help parents and carers empower young people to make their own financial decisions where possible.   

It is hoped that the toolkit will assist parents and carers in understanding the relevant route they need to follow in order to make financial decisions on behalf of a young person. It is worth noting that parents of children who have never had capacity to make financial decisions will continue to have to apply to the Court of Protection for deputyship to make future or ongoing decisions on their child’s behalf, which many consider to be an onerous task. 

For further information and support, please get in touch. 

Mental capacity, DoLS and Court of Protection

Leading experts 

Hill Dickinson LLP are the national leading experts on the Mental Capacity Act 2005 (MCA) and deprivation of liberty (DoLS), with more lawyers independently ranked in directories as leading practitioners in this field than any other firm.

Our lawyers have been involved in the leading case law, including at Court of Appeal and in the Supreme Court, as well as being involved in the development of national policy, guidance and training.   

You will be aware of the announcement on 5 April 2023 by the Department of Health and Social Care that the implementation of the Liberty Protection Safeguards (LPS) will not go ahead this side of a general election (anticipated to be in Autumn 2024).

This leaves us with all the challenges with the current system that LPS was supposed to address, in particular:

  • Dealing with those outside the scope of DoLS – people deprived of their liberty in the community or under the age of 18.
  • Even where DoLS applies – over the age of 18 and only in care homes and hospitals – the gulf between the demand on the system and its resources, leaving a huge backlog and a delay in authorisations.
  • Hospital cases, in particular, are not typically prioritised by local authorities, and there is also real uncertainty in how to apply the law on deprivation of liberty in a medical treatment context.  

To view our video resources relating to MCA/DoLS click here