Make decisions on behalf of someone
Checking mental capacity
A person may not have mental capacity because of a problem with the way their brain functions, for example:
- a serious brain injury
- an illness, such as dementia
- severe learning disabilities
Mental capacity can come and go (for example, with dementia and some mental illnesses). A person can also recover mental capacity (for example, following a severe stroke).
What you must check
You must check that a person has mental capacity to make a decision at the time it needs to be made.
They can make the decision if they can:
- understand the information they need - for example, what the consequences will be
- remember the information for long enough to make the decision
- weigh up the options and make a choice
- communicate their decision in any way - for example, by blinking or squeezing a hand
You cannot decide a person lacks mental capacity because you think they바카라 사이트™ve made a bad or strange decision.
If the person cannot make a decision at a certain time, they may still be able to:
- make it at another time
- make decisions about other things
Do not make a decision for them if it can wait until they can do it themselves.
Get help checking mental capacity
You can ask the person바카라 사이트™s doctor or another medical professional to assess their mental capacity.
Follow the Mental Capacity Act code of practice when you check mental capacity.