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Plans for Office of the Public Guardian to Extend its Services to Individuals Who Do Have Mental Capacity Yet May Be Pressured Into Making Less Than Fully-informed Decisions Or Be Taken Advantage Of

Type: Parliamentary Questions

Topic(s): Children & Families

Published on 01 August 2022

Mr Christopher de Souza asked the Minister for Social and Family Development whether the Office of the Public Guardian will consider extending its services to individuals who do have mental capacity yet may be pressured into making less than fully-informed decisions or be taken advantage of, such as individuals with special needs.

Answer

The powers of intervention for the Public Guardian is confined, and rightly so, only to those meeting the required threshold under the MCA. It is not appropriate to vest excessive powers in the Public Guardian to override the ability of a person to make their own decisions. Persons with some special needs are not necessarily incapable of making decisions for themselves. For individuals with special needs, the same threshold under the MCA – that the person does not have the mental capacity to make certain decisions – must be met, before a Deputy can be appointed.