Mental Capacity Act

What is mental capacity?

'Mental capacity' means being able to understand, remember and consider information in order to make a decision. Some people may not have the mental capacity to make certain decisions because of:

• a learning disability
• dementia
• a brain injury
• mental health problems

How does the Mental Capacity Act work?

The Act applies to anyone aged 16 or over is based on these five principles:

1. Presumption of capacity: always assume a person can make their own decisions unless proven otherwise.
2. The right to make unwise decisions: people have the right to make choices even if others see them as unwise.
3. Support to decide: help must be provided to enable someone to make a decision before assuming they can't.
4. Best interests: any decision made on behalf of someone must be in their best interests.
5. Least restrictive option: any action taken should interfere with the person's rights and freedom as little as possible.

Who decides when someone lacks capacity?

If someone cannot make a decision, it will be assess by a professional, like a doctor or social worker. The assessment will focus on:

• whether the person can understand and retain information
• whether they can weigh up the information to make a decision
• whether they can communicate their decision

Lasting power of attorney

The Act allows individuals to plan for the future by appointing someone they trust (a relative or friend) to make decisions on their behalf if they lose capacity. This is called 'lasting power of attorney'.

Deprivation of liberty safeguards

If someone needs to be cared for in a way that restricts their freedom, such as living in a care home or hospital, the Mental Capacity Act ensure these restrictions are lawful and in the person's best interest.

For more information, see Mental Capacity Act guidance.