Mental Capacity — Advice & Assessments
Understanding mental capacity is central to protecting vulnerable people. Our solicitors advise families, carers, healthcare professionals and local authorities on all aspects of the Mental Capacity Act 2005.
What is Mental Capacity?
Mental capacity refers to a person's ability to make a specific decision at a specific time. A person may have capacity to make some decisions but not others — capacity is decision-specific and time-specific.
Under the Mental Capacity Act 2005, a person lacks capacity if they are unable to understand information relevant to the decision, retain that information, use or weigh it, or communicate their decision.
Conditions that may affect mental capacity include dementia, stroke, brain injury, learning disabilities, mental health conditions and the effects of medication or substance misuse.
We Can Help With
- Capacity assessments and second opinions
- Advice on the Mental Capacity Act 2005
- Best interests decision-making
- Advance decisions and living wills
- Disputes about a person's capacity
- Advice for healthcare professionals
- Guidance for local authorities and care providers
The Five Principles of the Mental Capacity Act
The MCA 2005 is built on five core principles that must be applied in every situation
Presumption of Capacity
Every adult is presumed to have mental capacity unless it is established otherwise. Capacity must never be assumed to be absent.
Supported Decision-Making
All practicable steps must be taken to help a person make their own decision before concluding they lack capacity.
Right to Make Unwise Decisions
A person is not to be treated as lacking capacity merely because they make a decision that others consider unwise or eccentric.
Best Interests
Any act done or decision made for a person who lacks capacity must be in their best interests.
Least Restrictive Option
Before any decision is made, consideration must be given to whether the purpose can be achieved in a less restrictive way.
Related Court of Protection Services
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