Mental Capacity

What is mental capacity?

Mental capacity relates to a person’s ability to understand information, make decisions and communicate about their life. The Mental Capacity Act (MCA) 2005 is designed to protect and empower people who may lack the mental capacity to make their own decisions about their care and treatment. 

Under the act, a person is defined as ‘lacking capacity’ in relation to a matter if, at the relevant time, they are unable to make a particular decision or take a particular action for themselves in relation to that matter because of an impairment of, or a disturbance in the functioning of, the mind or brain.  This only applies to people aged 16 years old or over.

It is important to note that capacity can very depending on the time that the decision needs to be made and the type of decision you need to make, for example someone can lack capacity to make some decisions in relation to complex financial issues, but still have the capacity to make other decisions, such as deciding what shopping to buy.

The Mental Capacity Act outlines five core principles that underpin work with adults who may lack mental capacity:

Presumption of capacity: Every adult must be assumed to have the capacity to make their own decisions unless it is proven otherwise.

Support to decide: Before concluding that someone lacks capacity, all practicable steps must be taken to help them make the decision for themselves.

Right to make an ‘unwise’ decision: A person is not to be treated as unable to decide merely because others may consider the decision unwise.

Best interests: Any act done or decision made on behalf of a person who lacks capacity must be done or made in their best interests.

Least restrictive option: Before the act is done or the decision is made, consideration must be given to whether the purpose can be as effectively achieved in a way that is less restrictive of the person's rights and freedom of action.

Capacity is time and decision specific, so staff should work to proactively confirm capacity before decision-making takes place, such as during periods of tenancy enforcement, rent arrears, in resolving anti-social behaviour complaints, and so forth.

For more information, you can watch this video.