Mental Capacity
The ability to make a specific decision at a specific time. Someone lacks capacity if they can't understand, retain, use information, or communicate their decision.
Mental capacity refers to a person's ability to make a specific decision at a specific time. It's not a blanket status - someone might have capacity for some decisions but not others.
The Capacity Test
Under the Mental Capacity Act 2005, someone lacks capacity if they cannot:
- Understand the information relevant to the decision
- Retain that information long enough to make the decision
- Use or weigh the information as part of decision-making
- Communicate their decision (by any means)
Key Principles
- Always assume someone has capacity unless proven otherwise
- Don't assume incapacity based on age, appearance, or condition
- People are entitled to make unwise decisions
- Capacity can fluctuate - check at the relevant time
- All practical steps should be taken to help someone decide
Why It Matters for LPAs
You need mental capacity to make an LPA. Once you lose capacity, you can no longer create one - that's why it's important to plan ahead.
Common questions
Who decides if someone lacks mental capacity?
The person asking them to make a decision assesses capacity at that time. For significant decisions, a doctor's assessment may be needed.
Does dementia mean someone lacks capacity?
Not necessarily. Early dementia doesn't automatically remove capacity. It depends on the specific decision and the person's state at that time.
Can mental capacity come back?
Yes. Capacity can fluctuate with conditions, medication, or time of day. Decisions should be timed for when capacity is best.
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