Declaration of lack of capacity in all areas leads to appointment of decision-making representative for individual with severe intellectual disability

The High Court considered how to apply the Assisted Decision-Making (Capacity) Act 2015 to a person with severe autism and intellectual disability who was non-verbal and reliant on others for all aspects of daily life. The court determined that, based on the totality of the medical evidence, the individual lacked capacity to make decisions in all areas concerning personal welfare and property and affairs, and a declaration to that effect would be necessary. The court concluded that it would be both necessary and proportionate to appoint a decision-making representative for all such matters, with the possibility for specific exclusions only where there was evidence that certain types of decisions would never arise. The judgment clarified that the court is required to make declarations about capacity in areas proven by evidence, not solely those where immediate decisions are required, and that asking for capacity assessments should not be artificially restricted to narrow topics. Relief in the form of wardship and transition to a system under the 2015 Act was granted, with directions enabling full but proportionate support for the individual’s decision-making needs.