18/05/2021
Mental Capacity
Mental capacity is the ability to make a specific decision at the time it needs to be made. To have mental capacity you must understand the decision you need to make, why you need to make it, and the likely outcome of your decision. Some people will be able to make decisions about some things but not others.
Mental capacity can fluctuate with time – someone may lack capacity at one point in time, but may be able to make the same decision at a later point in time . Someone with mental capacity is able to communicate
decisions through speech, signs, gestures or in other ways. Taking time to understand or communicate may be mistaken for a lack of mental capacity, but having dementia, for
example, doesn’t necessarily mean someone can’t make any decisions themselves.
If someone is having difficulty communicating what sort of decision they want to make, an attempt should always be made to overcome that difficulty and help the person decide for themselves. Before someone can make a
decision for you, they must assess whether you can make the decision yourself. The
person making a decision for you must make sure they are acting in your best interests.