Definition
Having mental capacity means that a person is able to make their own choices and decisions.
Someone may lack mental capacity if they can’t:
– understand information about a particular decision
– remember that information long enough to make the decision
– use the information to make the decision, or
– communicate their decision.
People must be assumed to have capacity to make their own decisions and be given all practicable help before anyone treats them as not being able to make their own decisions.
Where there is concern about a person’s capacity to make a specific decision, for example as a result of a mental impairment such as dementia, acquired brain injury or a learning disability, an assessment of capacity should be carried out under the Mental Capacity Act.
Where an adult is found to lack capacity to make a decision then any action taken, or any decision made for, or on their behalf, must be made in their best interests.