The Mental Capacity Act, which was approved in 2005, is an act of law designed to protect people who do not have the capacity to make decisions for themselves. Let’s look at it in more detail.
The reason for the person not having capacity can be varied but is often attributable to an illness such as Alzheimer’s disease, a severe stroke, a severe learning disability, or a head injury. It can also be applicable if a person is unconscious, such as following an injury or accident.
What does it cover?
Assisting a person under the terms of the Mental Capacity Act can cover a wide range of decisions. These range from very small decisions, such as what to wear that day, to the very large decisions, such as whether a person should be moved into a care home.
How is capacity determined?
It is worth noting that a person should be deemed to still possess capacity unless proven otherwise. It is also important to note that a person making what seems to be an unwise decision by other people’s standards cannot be seen as proof of a lack of capacity.
Ascertaining whether a person has capacity is not always black and white. Simply put, professionals will endeavour to determine whether a person has the ability to understand the information that is being presented to them, such as treatment options if they are unwell. They must also be able to retain this information and use it to make a decision. It is also important that they can communicate their decision and prove to others that they have understood the implications.
Any legal support in terms of understanding or applying aspects of the Mental Capacity Act can be sought from a specialist London law firm such as London law firm.
Providing assistance
An important part of the Mental Capacity Act highlights our duty to support those who are struggling in this regard. Decisions must always be made in the person’s best interests, taking into account the views of their loved ones.