Who Decides if You Have Mental Capacity?
Mental capacity is an important factor in determining whether or not a person is able to make decisions for themselves. In the codes of practice, the people who decide whether or not a person has the capacity to make a particular decision are referred to as ‘assessors’. This is not a formal legal title. Assessors can be anyone – for example, family members, a care worker, a care service manager, a nurse, a doctor or a social worker.
When assessing a person’s mental capacity, assessors must consider a range of factors. These include the person’s ability to understand the information relevant to the decision, their ability to retain that information, their ability to use or weigh that information as part of the decision-making process, and their ability to communicate their decision.
It is important to note that mental capacity is not an all-or-nothing concept. A person may have the capacity to make some decisions, but not others. For example, a person may have the capacity to make decisions about their daily routine, but not decisions about their finances.
When assessing a person’s mental capacity, assessors must also consider the impact of any physical or mental health conditions, as well as any medication or other treatments the person is taking. They must also consider any external factors that may affect the person’s ability to make decisions, such as their environment or the people around them.
It is important to remember that a person’s mental capacity can change over time. Therefore, it is important that assessors regularly review a person’s mental capacity to ensure that their decisions are still valid.
In conclusion, the people who decide whether or not a person has the capacity to make a particular decision are referred to as ‘assessors’. Assessors must consider a range of factors when assessing a person’s mental capacity, including their ability to understand and retain information, their ability to use or weigh that information, and their ability to communicate their decision. It is also important to remember that a person’s mental capacity can change over time, and assessors must regularly review a person’s mental capacity to ensure that their decisions are still valid.
