The Mental Capacity Act 2005 is a law that defines several ways in which a person who lacks capacity can be supported when big decisions need to be made about their life. It lays out their rights and offers a legal framework for those who don’t have decision-making capacity.
When does someone lose capacity?
A loss of capacity can occur if you suffer from a mental health condition, an injury or illness, or the side effects of a medication. If this significantly impacts your ability to make decisions for yourself, the Mental Capacity Act sets out ways that you can plan ahead, such as by appointing a trusted friend or family member to make decisions for you.
What are my rights?
Everybody over the age of 16 has the right to make their own decisions, as long as they have the capacity to do so. Nobody should assume you don’t have capacity, and you should be offered support to help you make decisions yourself, unless a capacity assessment determines you no longer have capacity. Any decisions that are made for you must always be made in your best interests and must not unnecessarily deprive you of your liberties.
A lack of capacity
If it’s assessed that you don’t have capacity, decisions may need to be made on your behalf about your medical or mental health treatment, care or finances. One way of achieving this is by appointing a Lasting Power of Attorney, usually a family member or friend, who can make these decisions for you. You can appoint a Lasting Power of Attorney online, using websites such as //powerofattorneyonline.co.uk/.
If you don’t have an LPA, an application to the Court of Protection may be required. It can determine a Deputy to make these decisions, although this may be more expensive and time-consuming.
Overall, it’s important to ensure you plan ahead if there are questions concerning your future capacity or the capacity of a loved one you’re looking after. Careful planning can ensure that decision-making is smooth and taken care of.