As the number of people living with dementia grows, we increasingly hear the term “mental capacity” — but does it actually mean ?

The Mental Capacity Act 2005 defines it as an impairment of, or a disturbance in the functioning of, the mind or brain.

To decide if someone has the mental capacity to make decisions for themselves, the following questions must be asked –
1. Is the individual able to understand the information relevant to the decision.
2. Is the individual able to retain that information.
3. Is the individual able to use and consider that information when making a decision.
4. Is the individual capable of communicating that decision.

A consideration when judging mental capacity is to ask if the individual can make the necessary decision within the time required.
Their decision need not be verbal but can be communicated by any recognised means.
Some decisions are complex, such as financial investments, and a person may lack mental capacity in those areas but can still function well enough for day to day living (eg shopping and cooking).

The five key principles set out in the Mental Capacity Act 2005 are –
1. A person is assumed to have mental capacity unless proven otherwise.
2. A person should not be considered unable to make a decision unless all steps have been taken to help them but without success.
3. Because a decision is unwise, does not mean a person is incapable of making a decision.
4. Decisions or actions taken on behalf of a person under the Mental Capacity Act 2005 must be made in that person’s best interest.
5. Before decisions or actions taken on behalf of a person under the Mental Capacity act 2005 are made, regard must be given as to whether the action can be achieved in such a way as to minimise the effect on that person’s rights and freedoms.

Let us help you
  • This field is for validation purposes and should be left unchanged.