Mental Capacity

Mental capacity is the ability to make a decision.
This includes the ability to make a decision that affects daily life –
such as when to get up, what to wear or whether to go to the doctor
when feeling ill – as well as more serious or significant decisions.
It also refers to a person’s ability to make a decision that may have
legal consequences – for them or others. Examples include agreeing
to have medical treatment, buying goods or making a will.
The starting point must always be to assume that a person has the
capacity to make a specific decision.
Some people may need help to be able to make or communicate a
decision, but this does not necessarily mean that they
lack capacity to do so. What matters is their ability to carry out the
processes involved in making the decision – and not the outcome.