Mental capacity is the ability to make a decision for yourself. The Mental Capacity Act 2005 relates to when someone does not have this capacity, so let’s look at this in more detail.
The act explained
The Mental Capacity Act 2005 provides a legal framework when making decisions for people without the capacity to do this for themselves.
The act has a range of premises, such as that it must be assumed a person has mental capacity until it has been properly established that they do not. It also states that someone cannot be treated as though they cannot make a particular decision until all practicable steps have been taken to help them make the decision.
Lasting power of attorney
Decision-making is a vital part of life, and mental capacity is integral to this. This is why many people choose to protect themselves for the future by creating a lasting power of attorney, which can ensure appointed people can make decisions if a person cannot do this themselves. These can be created using paper forms or LPA online services, which are offered by companies such as https://powerofattorneyonline.co.uk/.
Even with an LPA in place, it must still be shown that a person does not have the mental capacity to make a decision. The act states that this cannot be simply because they decide on something considered to be unwise. Under the act, any decision made or act completed on behalf of someone without capacity must be done in the best interest of the person.