Mental capacity

For everyday decisions like what you eat or wear, friends or family can check on your capacity to:

• understand information about the decision
• remember the information for long enough to make a decision
• weigh up options to make a choice
• communicate your decision

For other or more complex decisions, a doctor or another healthcare professional can assess your mental capacity.

There are 2 parts to the assessment:

1. checking to see if you have a condition or injury that could affect your mental capacity
2. asking questions to see if you can make decisions

How is mental capacity assessed (Mind)

Your rights 

Anyone supporting you to make decisions or assessing your mental capacity must follow the Mental Capacity Act.

It has 5 principles that they must follow:

• They should always presume you have mental capacity until shown otherwise.
• They should do as much as possible to help you make the decision yourself.
• They should not assume you do not have capacity because you make an unwise decision.
• They must always make decisions in your best interests.
• They should make decisions in the least restrictive way possible.

It can be difficult to think about the future and what might happen if you lose mental capacity. But some people find that planning for it gives them some control and comfort.

What happens to your money and care if you lose mental capacity will depend on what you have in place.

You could create a legal document called a lasting power of attorney (LPA) where you choose people you trust to:

• help you make decisions
• make decisions for you

You can provide instructions which they must follow about things like your money, property and care.

You can only create and register an LPA while you have mental capacity.

If you lose mental capacity and do not have an LPA in place, someone could apply to the Court of Protection to become your deputy. If they’re appointed, they’ll get a court order proving what they can and cannot do for you.

If someone is questioning your mental capacity and you do not agree, you can contact Mind's Legal Line on 0300 466 6463 for legal information and general advice.

You can also:

• ask someone who knows you well to help you speak with the person questioning your capacity
• speak with your doctor or healthcare professional or ask them to assess your mental capacity
• contact a charity related to your condition or impairment for advice
• talk to other people in similar situations on Scope’s online community

If the situation is affecting your mental health, contact Mind’s main helpline on 0300 123 3393 for support. 

If you feel unsafe or worried about abuse 

For advice and support, you can contact:

• your local council’s adult safeguarding team
• Scope helpline
• Citizens Advice
• the charity SupportLine on 01708 765 200
• the charity Respond on 020 7383 0700, for people with learning difficulties and autistic people

Losing mental capacity is not the same as:

• being indecisive
• making decisions that you think are unwise

If you are worried about someone’s mental capacity, speak with them first. You could start by asking them how they are coping with things at the moment.

Practical tips for sensitive conversations (Independent Age)

They may already be speaking with other people about it or have plans in place for their future.

If you feel that they do not have the mental capacity to make decisions, you could:

• speak with others who know them well to see if they share your concerns
• contact Mind's Legal Line on 0300 466 6463 for legal information and general advice 
• arrange an assessment of their mental capacity through their GP

Find out if someone has an attorney, deputy or guardian acting for them (GOV.UK)  

To help make decisions for someone who has lost capacity, you will need to apply to become their deputy. 

This includes decisions about their money and care.

You could also use the entitledto benefits calculator to check if they are entitled to any benefits. 

If you cannot be their deputy or support them, you could:

• speak with others who know them well to see if they can help
• contact your local council to say that the person needs support to see what support is available
• contact a charity related to their situation or condition
• contact Mind's Legal Line on 0300 466 6463 for legal information and general advice