Autism & mental capacity

What is autism?

Autism is a neurodevelopmental condition that influences how a person communicates, interacts with others and experiences the world around them. It is present from birth but can be diagnosed at any age. Signs may be recognised early in childhood or may not become apparent until later in life.

Autism is a spectrum and it affects each person differently. Someone with an autism diagnosis may experience differences in social interaction and social communication, behaviour and routines, emotional regulation and sensory processing. A person’s abilities and needs can also change over time. While many autistic adults live independently, others may require varying levels of care and support throughout their lives.

Mental capacity

In England and Wales there is a legal presumption of mental capacity and therefore every person should be treated as having capacity unless it is proven otherwise. It is important to note that a diagnosis of autism does not mean that a person lacks capacity nor does it prevent them from making their own decisions.

While many autistic adults have full capacity, it should be recognised that autism can in some circumstances contribute to a lack of capacity particularly where executive functioning, information processing or the ability to weigh up risks is affected.

If there is any doubt about whether someone has capacity to make a specific decision, a formal capacity assessment should always be carried out by an appropriately qualified professional. A properly conducted assessment ensures that any limitations in decision making are identified and accurately understood so that the correct legal safeguards and support can be put into place.

Why might you need a capacity assessment?

Capacity assessments can be necessary for many reasons, for any decision, but one of the most common is assessing whether someone can independently manage their property and financial affairs.

Questions about mental capacity and managing finances often arise during the transition from childhood to adulthood, particularly where there is a diagnosis of autism (or any neurodivergent condition or disability). Although banking rules differ between providers, young people gradually gain control over their financial affairs as they get older. By 18, they are legally responsible for decisions about their own bank accounts, savings and benefits (or any other financial matters). For those born between 1 September 2002 and 2 January 2011 this also includes full access to their Child Trust Fund, which becomes available at 18. This sudden shift can feel daunting for families who may worry that their loved one could struggle with these responsibilities if no one has the legal authority to manage them on their behalf. Parents do not automatically retain the right to manage their child’s financial affairs once they reach adulthood, regardless of their needs.

For many autistic adults, managing money can be overwhelming and families naturally begin exploring ways to offer support. A capacity assessment is often the first step in understanding what help, if any, is needed.

It is important to recognise that difficulties with managing money do not necessarily mean a lack of capacity. Often autistic adults simply have not confidently learnt the relevant skills to do so. A good capacity assessor will understand this difference and take time to explore whether the barrier is a lack of capacity or a lack of experience.

An assessor may advise teaching practical skills such as using budgeting tools, practising online banking, planning a weekly shop or using visual aids. Assessing or re-assessing capacity after a learning period is often recommended.

When working with an autistic adult, practitioners must also consider whether reasonable adjustments are needed during the assessment. These should be clearly identified in any referral. Assessors should consider factors such as the assessment environment, sensory input and whether the person would feel more at ease in a familiar setting.

You should expect an assessor to give the person being assessed the best chance to show their best abilities. They should be patient, flexible and focussed on understanding the person and not rushing or making assumptions.

Capacity is not fixed and it can develop and change over time. It is important to have capacity reassessed when appropriate and with the right support, many autistic adults can play an active and meaningful role in managing their financial affairs.

Whether you are just starting to think about a young person’s capacity as they approach adulthood, feeling uncertain about the steps you should be taking or find yourself supporting someone without any formal authority, our Court of Protection team is here to help. We can explain what the law requires, guide you through deputyship applications, talk you through Lasting Powers of Attorney and explore practical options with you.

Look out for our next article on making decisions and planning for the future.