have different methods of communication been explored, such as non-verbal communication?.could information be explained or presented in a way that's easier for them to understand (for example, by using simple language or visual aids)?.have they been given information on any alternatives?.does the person have all the relevant information they need?.use or weigh up that information as part of the process of making the decisionīefore deciding a person lacks capacity, it's important to take steps to enable them to try to make the decision themselves.understand the information relevant to the decision.The MCA says a person is unable to make a decision if they cannot: Where appropriate, people should be allowed the time to make a decision themselves. Mental capacity can also fluctuate with time – someone may lack capacity at one point in time, but may be able to make the same decision at a later point in time. The MCA sets out a 2-stage test of capacity:ġ) Does the person have an impairment of their mind or brain, whether as a result of an illness, or external factors such as alcohol or drug use?Ģ) Does the impairment mean the person is unable to make a specific decision when they need to? People can lack capacity to make some decisions, but have capacity to make others. People should also be provided with an independent advocate, who will support them to make decisions in certain situations, such as serious treatment or where the individual might have significant restrictions placed on their freedom and rights in their best interests. The MCA also allows people to express their preferences for care and treatment, and to appoint a trusted person to make a decision on their behalf should they lack capacity in the future. treatment and care provided to someone who lacks capacity should be the least restrictive of their basic rights and freedoms.if you make a decision for someone who does not have capacity, it must be in their best interests.do not treat a person as lacking the capacity to make a decision just because they make an unwise decision.wherever possible, help people to make their own decisions.assume a person has the capacity to make a decision themselves, unless it's proved otherwise.Someone can lack capacity to make some decisions (for example, to decide on complex financial issues) but still have the capacity to make other decisions (for example, to decide what items to buy at the local shop). unconsciousness caused by an anaesthetic or sudden accidentīut just because a person has one of these health conditions does not necessarily mean they lack the capacity to make a specific decision.It covers decisions about day-to-day things like what to wear or what to buy for the weekly shop, or serious life-changing decisions like whether to move into a care home or have major surgery.Įxamples of people who may lack capacity include those with: The Mental Capacity Act (MCA) is designed to protect and empower people who may lack the mental capacity to make their own decisions about their care and treatment.
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