This brings the LPS into line with the rest of the MCA which applies to 16 and 17-year-olds (with a few exceptions). Mental capacity is the ability of a young person over the age of 16 to make their own decisions. It says that: Every adult, whatever their disability, has the right to make their own decisions wherever possible. The act was used more than 50,000 times last year - an increase of 30% over the last decade, and more than 4,000 of those detained were aged between 18 and 24. The Mental Capacity Act 2005 is a law that protects vulnerable people over the age of 16 around decision-making. If the person is aged over 16 years old and living in England or Wales, then the Mental Capacity Act provides The automatic competence of 16- and 17-year-olds does not apply here and the competency tests should be applied to all children. The Mental Capacity (Amendment) Act. It would also mean that a court application is no longer required to authorise the deprivation of liberty of a 16 or 17-year-old who lacks the relevant capacity. On 16th May 2019 the Mental Capacity (Amendment) Act gained Royal Assent, following a contested journey through Parliament. An EPA made before the Mental Capacity Act came into force on October 1 2007 remains valid. Turning 16 years old made a difference, he held, and Parliament treats 16 years olds as different in a raft of legislative examples. Children/Young People Under the Age of 16 - the Mental Capacity Act 2005 does not apply to those under 16 years, therefore application must be made for authorisation under the inherent jurisdiction of the High Court; Children/Young People Aged 16 and 17 - the Mental Capacity Act 2005 applies. Unlike the current system, the Liberty Protection Safeguards will apply to 16 and 17 year olds. Once the new regime comes into effect next year, therefore, the law will provide a mechanism to protect the rights of 16/17 year olds in the same way as for adults, which will fill … Powers of attorney can be made at any time when the person making it has the mental capacity to do so, provided they're 18 or over. The test for assessing decision-making capacity from 16 onwards It might seem strange to start with a discussion of this proposition, as most would assume (and, frequently, in that assumption, make reference to s.8 Family Law Reform Act 1969) that the test is mental capacity, applying the test in the Mental Capacity Act 2005 (‘MCA 2005’).14 Introduction to the Mental Capacity Act 2005 The Mental Capacity Act (MCA) was developed to co-ordinate, bring together and simplify the law about the care and treatment of people who lack capacity. If you need to know about 'mental capacity', here is our information on the Mental Capacity Act 2005 and what it means for you and your family. In a contrast to the DoLS, the new LPS model will apply from age 16, which is an important and welcome move as it extends protections to 16 and 17 year olds. The impact of this, alarmingly for public authorities, was that for every care package that amounted to a DoL for a 16 or 17 year old who lacks capacity to consent to this, an application to court was required. In the case that an individual has trouble making certain decisions about their life, support for health treatment and social care must be provided. An application must be made to the Court of Protection. The Mental Capacity Act sets out in law what happens when adults are unable to make particular decisions for themselves. It builds on common law and is designed to protect the rights of … If the child is not competent and those with parental responsibility give consent, they must do so if the intervention is in the interests of the donor.