Fluctuating Capacity
The capacity to make decisions is not static and can vary over time or depending on the nature of the decision. For example, you may be capable of deciding on everyday matters but struggle with more complex decisions.
What It Means to Lack Capacity
If you lack capacity, you're unable to make decisions, which might be a permanent condition due to long-term illnesses or temporary due to various factors.
- Permanent Capacity Loss : Conditions like dementia can cause a continual inability to make decisions.
- Temporary Capacity Loss : Situations such as side effects of medications can lead to fluctuating decision-making abilities.
Decision-Making and Capacity
The complexity of a decision influences your ability to make it, from simple daily choices to significant life changes.
Assessing Capacity
Depending on the decision's complexity, different people might assess your capacity, from family members for daily decisions to healthcare professionals for significant choices.
The Assessment Process
When someone assesses your capacity, they'll consider whether you understand, retain, weigh, and communicate information related to the decision.
Important Considerations
Assessors must avoid assumptions based on age, appearance, or diagnoses. They should start with the assumption of capacity and ensure any decisions made on your behalf are in your best interests.
When Capacity is Lacked
The Mental Capacity Act outlines how decisions should be made for someone who lacks capacity, emphasising minimal restriction and maximum involvement.
Mental Health and Capacity
While mental health issues can impact your capacity, it doesn't mean an all-encompassing incapacity. You might still make some decisions, and your capacity can change with time or treatment.