All You Need To Know

• What is the Mental Capacity Act (MCA)?

  The Mental Capacity Act (MCA) is a law that applies to people aged 16 and older. It protects people who lack capacity to make decisions, but also supports them to make their own decisions whenever possible. It makes sure your voice is heard and that you are involved in decisions about your life. 

  People can lack mental capacity for different reasons. They may have a learning disability, mental health condition, or under the influence of drugs or alcohol.

  The law looks at each decision at the time it needs to be made. Some decisions may last a long time, such as how to manage your money. Some decisions may cover a short period of time, such as what to wear today.

  The law says that everyone has the right to make their own decisions whenever possible. When someone can't make a decision, it makes sure that others act in their best interests and that their wishes and feelings are listened to.

• The 5 main principles of the MCA

  The MCA has 5 main principles. 

  1. It should always be assumed that everyone, from the age of 16, has capacity to make their own decisions, until proven otherwise.
  2. People should do all they can to support you to make your own decision. Read more about supported decision making.
  3. If you make a decision which seems unwise, it should not be assumed you lack capacity to make that decision.
  4. If you can't make the decision for yourself, the decision should be made in your best interest. The person or people making the decision on your behalf should:
     
     
     • • encourage you to be involved
       • identify all the information that would be important to you
       • take into account your views 
       • never make an assumption about how you may feel
  5. Any best interest decision should be the least restrictive option.

• What is the capacity assessment?

  To have capacity to make a decision at any given time, you must be able to:

  • understand all the information about the decision, including the good and bad things
  • remember all the information long enough to make the decision
  • use the information available as part of the decision making process
  • communicate your decision to others

  If you are unable to do any one of these at the time a decision needs to be made, it means you lack the capacity at this time to make the decision.

  It doesn't mean you cannot make another type of decision, or be able to make this decision on a different day when circumstances may be different.

  The purpose of this assessment is not to judge you or the decision you make. Instead it is there to check whether you are able to make the decision.

• What happens if you have capacity to make the decision?

  You can make the decision the way you want. If it is a decision which is risky to you or to others, people may want to work with you to help you be as safe as possible.

• What happens if you don't have the capacity to make the decision?

  Before it's decided that you don't have capacity, you should be given support to help you to make your own decision. Or you should be involved in the decision making process as much as possible.

  If you don't have capacity to make a decision, there may be a meeting to decide the next steps. This meeting is called a best interests meeting. 

  The meeting should try to include you. If you do not want to come, or it is difficult for you, your thoughts and feelings should be shared in the meeting. This may be done by a family member or an advocate. 

  You should be told what has been decided for you. Any decision made, must be the least restrictive option. This means it should have the least possible impact on your life, your family and your community.

• What happens if I'm under 16 years old?

  The MCA does not apply to those under the age of 16.

  If you're under 16 and want to make decisions about your medical treatment without parental consent, you'll need to speak to a professional. A professional will need to make sure you are competent to make that decision. This is called Gillick competence.