| What
is Mental Capacity? |
| In
a day-to-day context, mental capacity means the ability
to make decisions or take actions affecting daily life.pacity? |
| Assessing
Capacity - |
| The Code of Practice
now specifies a definitive assessment |
| The Mental Capacity
Act requires the use of a 2-stage test of capacity for a
specific decision |
- Is there an impairment of, or disturbance in, the functioning
of the person’s mind or brain?
|
| If so |
- Is the impairment or disturbance sufficient that the
person lacks the capacity to make that particular decision
at that time?
|
| Stage 2 often
requires the assessor to explore if the person can: |
- Understand in broad terms and simple language what
decision they need to make and why they need to make
it?
- General understanding of the consequence of making or
not making this decision?
- Understand, retain and weigh up the relevant information
relevant to this decision
- Can communicate the decision by any means including the
help of an appropriate specialist (e.g. speech therapist,
interpreter) and or equipment.
|
| Additional Information: ADRT National Guide - p:11 - 9.7 |
|
