The Mental Capacity Act was drafted to protect and empower.
Instead, it is illegally being used to remove all the rights of the deemed ‘incapable’.
To obtain a capacity order, all a Legal Authority needs is a box ticked by anyone, normally a GP, that they ‘suspect’ a person, incapable.
Effectively, in their opinion, unable to retain information.
So beware of the Alzheimer tests, GPs are now paid, to provide.
Yet, if a person is autistic, the assessor likely to be GP and/or social worker will only have physically examined, or seen the autistic, have no knowledge of autism and have based their opinion on a discriminatory view, of the autistic’s appearance and condition, such an assessment illegal under the MCA.
So much for the National Autistic campaigns and expensive education.
To say nothing, of all our high flown rhetoric, on diversity and equality.
The Court of Protection, on the basis of this perfunctory over sight, will then issue a 48 MCA capacity order without sight of the autistic, or information from those, he has lived with all his life.
This order will be enforced on an interim basis on threat of removal of the alleged incapable despite this being illegal under the MCA, which only has jurisdiction, if a person is incapacitated.
A psychiatrist, or more likely a psychologist,titles matter, will perform another standard tick box test, family might be consulted, but will not take part in the decision making process, despite assisting, and witnessing their child make such decisions, all their life.
Unlike his family, the ‘experts’, will not have seen, the soon to be incapacitated, before the assessment day, and, will know little of the autistic mind, or even, autism.
Actions of the autistic in the past, that show ability to want, and be able, to make decisions, like living at home, will be ignored.
We have no statistics, of how many, if any, manage to pass the test.
Assessors,are paid, chosen, and remitted by the Local Authority, who now, only provide adult services for those in, or destined for, independent living, where the maximum profit can be made, from them.
A clear conflict of interests.
If the LA fail to find an assessor, the official solicitor will then find one, and deem it even more credible, as independent.
Once tick boxed, ‘incapable’.
You’re loving, full of personality and fun son, daughter or granny, becomes a non-person.
Incapable, in law, of even being aware of what is happening to them.
Incapable of remembering, anything.
The perfect victim.
But capable of making millions for their encaging private corporations.
Lady Hale, chillingly alluded to this, when she said, just because a person cannot appreciate, they are living in a cupboard, does not mean, it is not a deprivation of liberty.
But can a court remove all a disabled persons rights?
Is this, not the worst form, of disability discrimination?
Is it not in breach of the person’s Magna Carta right not to lose his liberty except by trial by his peers?
The Committee on the Rights of Persons with Disabilities Art 12 provides, that states party to it, UK is, should replace legislation that provides for substitute decision-making for incapacitated adults based on, ‘what is believed to be in the objective ‘best interests’ of the person concerned, as opposed to being based, on the person’s own will, and preference.
The government has so far done nothing, to repeal the MCA, but, the Court of Appeal has endorsed the Article, as having persuasive authority, as an aid to interpretation of it.
A study of the implementation of article 12 on the decisions of the learning disabled which usually includes the autistic shows it is not being implemented in UK in health or care settings.
Instead, substitute decision making takes http://www.publichealthreviews.eu/upload/pdf_files/12/00_Werner_S.pdf place.
And even without considering Article 12, particular weight, must be placed, upon the incapacitated wishes and feelings, in determining where their best interests may lie, Peter Jackson J Re M (Best Interests: deprivation of liberty order  EWHC 3456 (COP).
So why is it happening to millions?