Assessing Mental Capacity

A person may be considered to lack mental capacity if they have trouble with the following issues: 

  • They cannot understand information given to them about a particular decision 
  • They cannot retain information long enough to be able to make the decision 
  • They cannot weigh up any information given to them to make the decision 
  • They cannot communicate their decision properly 

 

 

Mental Capacity Act

The Mental Capacity Act was created to protect an individual’s dignity and independence. For instance, healthcare professionals should always assume that a person can make their own decisions, unless proven otherwise. 

It is important to provide support for individuals with mental capacity issues so that they can make decisions on their own. This may involve presenting information in a way that they can understand. Even if their decisions are considered unwise by others, they still have the right to make choices about their own lives as long as they have the capacity. However, if it is determined that a person lacks the capacity to make decisions, then the responsibility must be taken away from them. In such cases, the Court of Protection may need to intervene. 

Mental Capacity Solicitors You Can Trust

At GSB, our team of skilled mental health solicitors are here to offer you and your loved ones unwavering support and expert guidance when it comes to legal matters concerning mental capacity