The Mental Capacity Act protects those who are unable to make decisions for themselves. It provides the statutory framework to help people who lack mental capacity to make decisions for themselves. If a person is unable to make a specific decision at a specific time because of an impairment or disturbance of their mind or brain, the Act provides the necessary safeguards to enable others to support them to continue making decision for as long as possible.
A person may lack the mental capacity to make a decision for any number of reasons. It may be due to a mental health condition, a severe learning disability, a brain injury, a stroke, dementia or unconsciousness due to an anaesthetic or sudden accident.
The purpose of the Mental Capacity Act is:
A mental capacity assessment is the process of identifying and recording whether an individual lacks the capacity to make a decision. This enables court appointed attorneys and deputies, multi-disciplinary teams of professionals and individuals to make decisions that are in the person’s best interest and in line with the principles of the Mental Capacity Act and best practice.
To determine whether a person lacks capacity, consideration is given as to whether they have an impairment or disturbance in the functioning of the mind or brain, and an inability to make decisions.
A person is unable to make a decision if they cannot:
We have a wealth of experience completing mental capacity assessments and training to care homes, nursing homes and local authorities. We also offer mental capacity assessment services to support the legal profession too. There’s really no substitute for experience and attention to detail when it comes to completing a mental capacity assessment and we have both, built upon 8 years experience completing mental capacity assessments. Please contact us for an informal, no obligation discussion.