The Mental Capacity Act
The Mental Capacity Act is a law which protects vulnerable people and determines whether they are able to make decisions for themselves.
Under the act, all of the following capabilities are necessary to be classified as having ‘mental capacity’.
Being able to:
- understand information given to you
- retain information for long enough to make decisions
- judge information to make decisions
- communicate decisions through any means.
If someone has dementia or a severe brain injury, following a decision specific Mental Capacity Assessment, then they may be classed as lacking mental capacity in relation to the decision that they are being assessed for. For example, how do I want my care needs met?
Find out more on the NHS website about the Mental Capacity Act.