News Release, 19 June 2008
The Mental Health Foundation (incorporating the Foundation for People with Learning Disabilities) has published new guidance on how the Mental Capacity Act can affect personal banking. Banking on Good Decisions explains in everyday language how the Act affects financial matters for people with a mental health problem or a learning disability. The booklet - available in standard and Easier Read formats - will also prove useful for carers, advocates and health and social care staff.
Under the Act, in force since October 2007, people should be assumed to be capable of making a particular financial decision unless it is proved otherwise, and they should be offered all appropriate support to do so. Banking on Good Decisions outlines these and other key principles of the Act, and explains what someone should do if they feel the law is not being properly followed.
The guidance is being issued as increasing numbers of people with a learning disability or mental health problem are being allocated individual budgets for their social care and encouraged to live independently. Toby Williamson, Associate Head of Service Improvement at the Foundation, said:
“If people are going to live genuinely autonomous lives then they need to be supported to be as financially independent as possible. The Mental Capacity Act, if properly applied should help achieve this, as well as offer clear guidance for what should happen if someone does lack capacity.”
“It’s really important that people know their rights when it comes to their financial affairs. In the past, people who banking staff perceived as having a disability have sometimes experienced more difficulty than most people in being allowed access to financial services. This is clearly unacceptable, and the law now makes it clear that it can’t be assumed a person is unable to make a financial decision simply because they have a particular disability or mental health problem.”
Banking on Good Decisions also explains that decisions made on behalf of a person who lacks capacity should always be in their best interests, and outlines the various legal powers that can be used to do so including Lasting Powers of Attorney.
Single copies of both the standard and Easier Read booklets can be obtained for free by calling 020 7803 1101.
Notes to Editors
A new section of the Mental Health Foundation website is devoted to mental capacity issues. Please visit www.mentalhealth.org.uk/mental-capacity .
Banking on Good Decisions was commissioned by the Department of Health and the Social Care Institute for Excellence as part of a programme of work on implementing the Mental Capacity Act 2005.
For further information, please contact the press office team on 020 7803 1130/28/26.
The Mental Health Foundation uses research and practical projects to help people survive, recover from and prevent mental health problems. We work to influence policy, including government at the highest levels. And we use our knowledge to raise awareness and to help tackle the stigma attached to mental illness. We reach millions of people every year through our media work, information booklets and online services.
The Foundation for People with Learning Disabilities promotes the rights, quality of life and opportunities of people with learning disabilities and their families.
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