Mental Capacity Assessment

What is a Mental Capacity Assessment?

A mental capacity assessment is a process used to determine if an individual can make a specific decision at a specific time. It's a test that looks at a person's ability to understand, retain, use, and communicate information related to a decision. This assessment is crucial because the Mental Capacity Act 2005 protects individuals who may have difficulty making decisions for themselves due to an impairment of their mind or brain. 

A mental capacity assessment determines if someone can make a specific decision at a specific time. 

• It's not about whether someone can make all decisions or if they have a general lack of capacity. 

• It's a functional assessment, focusing on the ability to make a particular decision, not a status assessment of overall capacity. 

• It can be specific to the decision, as someone might have the capacity to make some decisions but not others. 

Why is it important?

• It ensures that individuals are able to make their own decisions, unless they are found to lack the capacity to do so. 

• It protects individuals who may be vulnerable due to mental health conditions or disabilities. 

• It helps to determine who can make decisions on their behalf if they lack capacity.

  How Mental Capacity is assessed

• The assessment considers whether the person has an impairment of their mind or brain. 

• It also looks at whether that impairment prevents them from understanding, retaining, using, or communicating information related to the decision. 

• It's a two-stage process: first, is there an impairment? Second, does that impairment affect their ability to make the decision? 

• It's important to always start from the assumption that a person has capacity and to encourage and support them to make their own decisions. 

• It usually involves the person and other people who know the person well.