Mental Capacity
What is Mental Capacity?
According to the Mental Health Foundation, mental capacity is "being able to make your own decisions." Many people suffering from conditions like dementia, brain injury or severe forms of autism may not have capacity to make decisions in their own best interest, and as a result may need power of attorney or a deputy to step in and act in their best interest.
How is Mental Capacity Determined?
According to the Mental Capacity Act of 2005, "a person must not be treated as unable to make a decision unless all practicable steps to help him to do so have been taken." This provision ensures that all people are presumed to be competent to make their own decisions unless there is a large body of evidence existing that they lack the capacity to. Someone who does not have mental capacity may struggle to:
Capacity can change over the course of a person's life, and some individuals have more capacity than others. This spectrum of capacity can manifest itself in a variety of ways, and while some individuals may not have the capacity to live independently at all, some individuals may just lack capacity for making larger life decisions or managing finances. Some individuals, such as the mentally ill, may only lack capacity
Why it Matters
For families who have children with SEN, capacity has become a big issue. When a young person turns 16, they gain the ability to make important decisions for themselves about their education, their money and their future. Young people with SEN of all kinds may not have the capacity to understand the impact of their decisions. The Mental Capacity Act of 2005 has given families the option, through deputyship and lasting power of attorney, to act on the behalf of their loved ones in their best interest.
For further information:
According to the Mental Health Foundation, mental capacity is "being able to make your own decisions." Many people suffering from conditions like dementia, brain injury or severe forms of autism may not have capacity to make decisions in their own best interest, and as a result may need power of attorney or a deputy to step in and act in their best interest.
How is Mental Capacity Determined?
According to the Mental Capacity Act of 2005, "a person must not be treated as unable to make a decision unless all practicable steps to help him to do so have been taken." This provision ensures that all people are presumed to be competent to make their own decisions unless there is a large body of evidence existing that they lack the capacity to. Someone who does not have mental capacity may struggle to:
- understand their options and other information
- retain information long enough to make the decision
- comprehend the likely consequences of their decision and weigh them
- communicate their choice through any means
Capacity can change over the course of a person's life, and some individuals have more capacity than others. This spectrum of capacity can manifest itself in a variety of ways, and while some individuals may not have the capacity to live independently at all, some individuals may just lack capacity for making larger life decisions or managing finances. Some individuals, such as the mentally ill, may only lack capacity
Why it Matters
For families who have children with SEN, capacity has become a big issue. When a young person turns 16, they gain the ability to make important decisions for themselves about their education, their money and their future. Young people with SEN of all kinds may not have the capacity to understand the impact of their decisions. The Mental Capacity Act of 2005 has given families the option, through deputyship and lasting power of attorney, to act on the behalf of their loved ones in their best interest.
For further information:
