The Mental Capacity Act 2005: children and young persons

In this final article of the series the author considers the extent to which the Mental Capacity Act relates to children. While the Act applies to those over 16 years, certain provisions only apply to those over 18 years: these are advance decisions, and the power to set up or be appointed under a lasting power of attorney. However, there are provisions which could apply to a child under 16 years old, if he or she is unlikely to have the requisite mental capacity at 16 years. There are powers set up to enable easy transfer of proceedings between the Court of Protection and the Family Division of the High Court and vice versa.