Mental capacity means the level of understanding that someone has. In the UK the law states that a person lacks capacity if they are unable to make a decision for themselves – in relation to a specific matter at a particular time – because of an impairment of, or a disturbance in, the functioning of the mind or brain.
In terms of the UK, the Mental Capacity Act 2005 aims to protect people who cannot make decisions for themselves. It also allows a person to plan ahead for a time when they may not be able to make decisions themselves. It clarifies who can make decisions, in which situations, and how they should go about it.
CarersUK say on their website:
If the person you are looking after can’t make a decision, then someone else has to take that responsibility. Very often, you, as a carer, do that about all sorts of day to day things. If it is a decision about social care services or health treatment, then usually the social worker or doctor has to make the decision, but with your help and advice.
The law says that these decisions must be made in the ‘best interests’ of the person you look after. This means taking all the relevant factors into account, including:
– consulting you as the carer and any other family members and close friends
– involving the person you look after as much as possible and listening to what they say
– if the person previously had mental capacity, then their past opinions, values and beliefs must be taken into account
– restricting the person’s freedom as little as possible.
As the carer you probably know more about the person you care for than anyone else, and so you want the best for them.
Consulting you means involving you in the decision about best interests; listening to your opinions and respecting your knowledge of the person.
There are 2 important points I would like to make here:
1 – ensure that you are present when someone decides to do a mental capacity test. Try to ensure that you are informed in advance so that you read up on the topic and ensure that it is done correctly.
2 – arrange for your VIP to give power of attorney while they still have mental capacity. See section on Power of Attorney.