Frequently Asked Questions

What is Mental Capacity?

Mental Capacity refers to a individual's ability to make a specific decision at the time it needs to be made, based on their capacity to understand, retain, use or weigh up relevant information, and communicate their choices. The Mental Capacity Act (2005) establishes a legal framework in England and Wales for assessing and supporting decision-making in individuals aged 16 and over.

A foundational principle of the Mental Capacity Act (2005) is the presumption of capacity—every adult must be assumed to have the capacity to make decisions unless it is proven otherwise.

When should capacity be assessed?

Capacity should be assessed when there is a concern that an individual may be unable to make a specific decision due to an impairment or disturbance in the functioning of the mind or brain (MCA 2005, s.2). This inability may be temporary or fluctuate over time, so assessments must be both time- and decision-specific.

It is critical that assessments of mental capacity are not influenced solely by an individual’s age, physical appearance, medical condition, or observed behaviour, as such assumptions may lead to discriminatory practices and compromise the individual’s right to autonomous decision-making