Mental Capacity

Mental capacity means the ability to use and understand information to make a decision, and communicate any decision made. A person lacks capacity if their mind is impaired or disturbed in some way, which means they're unable to make a decision at that time.

Mental capacity is a key consideration in determining what action may or may not be taken. Mental capacity is a complex attribute and when assessing mental capacity, it is important to recognise the difference between decisional and executive capacity. The former refers to the ability to understand and reason through the elements of a decision and is captured by the standard form of the capacity test under the Mental Capacity Act 2005. The latter refers to the ability to realise when that decision needs to be put into practice and successfully execute it at the appropriate moment and this is sometimes overlooked in capacity assessments. Mental capacity assessments must be time and decision specific.

National Mental Capacity Forum - Mental Capacity Act Competency Framework [external link

The Mental Capacity Act 2005 provides a checklist of factors that decision-makers must work through in deciding what is in a person’s best interests.