What Is Mental Capacity?
Mental capacity means being able to make your own decisions.
To have capacity, you need to be able to:
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Understand the information.
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Remember it long enough to decide.
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Weigh it up – think about the pros and cons.
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Tell someone your decision (in words, writing, or any way you can).
Key Points
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Everyone is assumed to have capacity unless it’s clear they don’t.
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Capacity is about one decision at a time – you may be fine deciding what to eat, but not about complex money matters.
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Capacity can change over time – you might manage on a good day, but not on a bad one.
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Making a bad or “unwise” choice does not mean you lack capacity.
If Someone Lacks Capacity
If someone really can’t decide for themselves, the decision must be made in their best interests.
This means:
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Don’t judge them by age, looks, or behaviour.
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Think about all the facts.
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Involve them as much as possible.
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Consider if waiting might help (they could get better).
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Take into account their wishes, beliefs, and values.
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Talk to family and friends.
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If it’s about life-saving treatment, the decision must never be about trying to end life.
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Choose the least restrictive option – the one that gives the most freedom.
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Balance the pros and cons carefully.
If Capacity Isn’t Clear
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Try at different times of day – people think more clearly at some times.
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Check in familiar, comfortable places.
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Remember, medicine can affect thinking.
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Repeat the test more than once.
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Ask family or professionals for input.
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Write down patterns you notice – e.g. if words and actions don’t match.
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Illness or tiredness can cause temporary confusion.
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Give extra support – explain things simply, break them down.
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Don’t confuse poor choices with a lack of capacity.
Unwise Decisions vs Lack of Capacity
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An unwise decision is still thought through – the person knows the risks and makes a choice, even if others wouldn’t.
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Lack of capacity is when someone doesn’t understand, can’t weigh things up, or can’t follow through with their choice.
In Short
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Mental capacity = being able to understand, think about, and share your decision.
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It can change with time and situation.
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If someone can’t decide, choices must be made in their best interests.
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A bad decision does not mean a lack of mental capacity