Mental Capacity

Having mental capacity means you can make your own decisions, without the support of another person. It is crucial to recognise that no one can make decisions on your behalf unless it can be demonstrated that you lack the necessary mental capacity to do so.

Mental capacity refers to the ability to perform the following actions:

• Understand the information relevant to a decision
• Assess and consider that information
• Retain that information for a sufficient period to make a decision
• Communicate the decision effectively, whether through speech, sign language, or other means

It is important to understand that mental capacity can vary depending on the individual’s circumstances. Some people may have the capacity to make decisions about certain matters, but not others. Some may also be temporarily unable to decide at a given moment but regain the capacity to do so later. It is essential not to mistake the need for time to deliberate or communicate a decision as an indication of lacking mental capacity. For example, living with dementia does not automatically imply an inability to make any decisions.

Therefore, it is important to consider each situation individually and respect the decision-making abilities of individuals, even when they may require additional time or support in the process.