Can a person with FASD have capacity? It is not an issue being discussed within the UK courts.
Hya Tania
The main thrust of the Mental capacity Act is that all persons are deemed to have capacity unless proved otherwise. Furthermore it depends on the decision to be made. One person may have capacity for one thing but not for another. How old is the person in question… adult ?
Steve
Hello, there is a Court of Protection case involving someone with FASD. See: Liverpool City Council v CMW [2021] EWCOP 50.
Hi there,
Capacity is decision specific and the bar for ‘capacity’ is low - there is no reason at all what people with this diagnosis cannot have capacity or capacity for some areas of their life and not for others. Hope this is helpful.
Hi Tania, here is another judgment relating to a young person with FASD. DY, Re [2021] EWCOP 28 (10 May 2021) - DY, Re [2021] EWCOP 28 (10 May 2021)