Mental capacity

Sometimes people are not able to make decisions for themselves. This might be because they find it difficult to understand an issue, or to communicate their decision. This might be a temporary situation, or they might always need support with some decision-making.  

There is a law that tells us how people should deal with decisions when someone is not able to make the decision themselves. This is called the Mental Capacity Act. 

We can give you guidance about mental capacity, including who might make decisions when you cannot, for example making lasting powers of attorney. 

On this page you will find a selection of resources relevant to this topic. For more information, resources and guidance, why not visit AccessAva? 

Resources

Factsheet MCA1: Appointees, deputies and powers of attorney – this factsheet describes these three main legal routes to supporting somebody with health and welfare and financial decisions

Factsheet MCA2: Assessing mental capacity when making decisions – this provides information about  how to assess capacity, and how to make decision for somebody who lacks capacity for this.

ER7: Assessing Mental Capacity - This easy read resource explains what exppect when assessing mental capacity.

ER20: Court of Protection - This easy read resource explains the role of the Court of Protection.