Case Study - The Mental Capacity Act (2005)
Here is an example of how this piece of legislation can be used in practice:
Mr B has been diagnosed with dementia and has been responding to a telephone scam, sending off regular payments to the scam company. A TSO has become involved in Mr B's case after concerns were raised by his daughter. The daughter informs the TSO that Mr B has been living with dementia for a number of years and can no longer manage his money. The TSO contact Adult Social Care and a safeguarding enquiry is opened due to the financial abuse. The social worker involved in the case undertakes a capacity assessment and concludes that Mr B no longer has capacity to manage his finances.
After working with Mr B and undertaking a Best Interests meeting it is decided in order to help Mr B manage his money and reduce the risk of further financial abuse that an application will be sent to the Court of Protection for his daughter to become a deputy for his finances.