A general guide on how the Mental Capacity Act affects you and how you can plan ahead for when you no longer have the mental capacity to make decisions for yourself.
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Section 2 of the Mental Capacity Act 2005 says that “a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain.”
Lacking capacity includes where your ability to make decisions is affected:
Ava has a mild form of dementia which affects her short-term memory. After she spends money, she will often forget how much she has spent, and whether or not she has even bought anything. Her condition is unlikely to improve in the future.
Ava's capacity to make important financial decisions has been permanently affected because of her mental health condition.
Paul sometimes hears distressing voices. He is generally able to do day-to-day activities, such as washing, cleaning, and cooking for himself. However, when the voices are at their most distressing, he is not able to do these activities.
Paul's capacity to do day-to-day activities is affected in the short term because of his mental health condition.
Whether or not you lack capacity will also depend on the type of decision that you need to make.
The Mental Capacity Act Code of Practice says that people should not assume that you lack capacity because of:
Before someone can make a decision for you, they have to have a reasonable belief that you no longer have the capacity to make that decision yourself. This means asking questions like:
If the decisions are for straightforward day-to-day actions, your friends and family can assess whether or not you have capacity.
If the decisions are more difficult, such as giving consent to medical treatment, a health professional like a doctor may have to assess you.
The Mental Capacity Act sets out ways for you to plan for what should happen if you ever lost capacity to make a particular decision.
If you do not plan ahead, and at some point you lose your capacity to make a particular decision, the Mental Capacity Act says that someone else can make that decision for you. Exactly who this would be depends on the circumstances at the time, but it could be a:
Even if someone else is making decisions for you, you should still be involved as much as possible when decisions are being made.
If you want to make important decisions for someone because they lack capacity to do so themselves, you may have to arrange for an assessment of that person’s capacity. If the decision you want to make has long-term or irreversible effects, you may need to get legal advice about whether the law allows you to make it, or whether you need permission from a Court of Protection.
Some everyday actions that are part of a person’s care and treatment, such as a carer helping someone to dress, wash or eat, can be taken without a formal capacity assessment having to be made.
No, not always. The Mental Capacity Act may apply to you if you have a mental health problem that affects your ability to make a particular decision. However:
The Court of Protection makes decisions and appoints deputies to act on your behalf if you are unable to make decisions about your personal health, finance or welfare.
See our pages on the Mental Capacity Act for more information.
Visit our full listing of Legal TermsThe Mental Capacity Act 2005 is the law that tells you what you can do to plan ahead in case you can't make decisions for yourself, how you can ask someone else to make decisions for you and who can make decisions for you if you haven't planned ahead.
See our pages on the Mental Capacity Act for more information.
Visit our full listing of Legal Terms'Capacity' means the ability to understand information and make decisions about your life. Sometimes it can also mean the ability to communicate decisions about your life.
For example, if you do not understand the information and are unable to make a decision about your treatment, you are said to 'lack capacity' to make decisions about your treatment.
See our pages on the Mental Capacity Act for more information.
Visit our full listing of Legal TermsThe Mental Capactiy Act Code of Practice explains how the Mental Capacity Act should be interpreted. It places certain legal duties on health and social care professionals, and offers general guidance and information to anyone caring for someone who may lack capacity.
Visit our full listing of Legal TermsThis information was published in November 2017.
This page is currently under review. All content was accurate when published.
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