Assessing capacity to make a decision

How do I assess someone’s capacity to make a decision?

First you MUST establish what the decision is. You MUST assume that the person has got capacity to make the decision until proven otherwise.

Does the person have an impairment of or disturbance in the functioning of their mind or brain, eg dementia?
Does this impairment or disturbance mean that the person is unable to make a decision at the time it needs to be made?

Remember! An unwise decision made by the person does not necessarily indicate a lack of capacity.

Can the person understand what the decision to be made is?
Can the person retain this information long enough to make a decision for themselves?
Can the person weigh up the pros and cons of making (or not making) the decision?
Can the person communicate their decision to you?

Record the outcome, including what information was given to the person, who was involved in assessing capacity. Use the wording of the Mental Capacity Act (2005) and refer to the Code of Practice for further guidance.

Some decisions can never be made, or actions taken, on behalf of people who may lack capacity to make those specific decisions. This is because they are so personal or that they are governed by other legislation. Some of these include capacity to make a will, a gift, to litigate, enter into a contract, vote or marry.