Understanding mental capacity

Being able to make and communicate decisions at the time you need to make them is called having mental capacity. It means you understand the decision you’re taking, why you need to take it, and the likely outcome.

There isn’t one single test to understand if you need help with decision-making; it depends on the situation. Choosing what to have for lunch may come easily, but bigger decisions, like whether to sell your home, may be difficult. Or maybe your ability to make decisions changes from day to day.

That’s why capacity is usually decided by the people involved at the time a decision is being made.

If decisions ever need to be made for you, legal, health and social care professionals will work with the people who know you best to get it right. They’ll also work closely with anyone you’ve appointed to act on your behalf.

Example 1: help with medical choices

If a patient in hospital needs to take some medication, their doctor will ask some questions to understand if the patient is able to agree to it. If they don’t have the capacity to make a choice, medical professionals will take the decision that’s in their best interest.

Example 2: help with financial choices

When someone writes a Will, their solicitor will check they understand the consequences before setting it up.