Mental Capacity legislation

What is mental capacity?

Having mental capacity means being able to make and communicate your own decisions.

Someone may lack mental capacity if they cannot:

• Understand information about a particular decision
• Remember that information long enough to make the decision
• Weigh up the information to make the decision or communicate the decision

What can cause a lack of mental capacity?

Lack of mental capacity can be caused by many things, it can be:

• Temporary, where someone has capacity at some times but not others. This could be due to a mental health problem, substance or alcohol misuse or confusion.
• Permanent, where someone’s ability to make decisions is always affected. This could be due to a stroke or brain injury, sever dementia or learning disability.

What is Power of Attorney (PoA)?

PoA is a legal document that allows the named person to deal with the affairs of another person and they have chosen to appoint them as their attorney. It includes decisions around financial affairs.

The most common type of PoA is a Lasting Power of Attorney (LPA). This is drawn up whilst the person still has mental capacity, to give permission for the person to deal with their affairs after they lose mental capacity. There are two types of LPA:

• Health and welfare – gives the attorney the authority to make decisions about the person’s personal welfare and healthcare.
• Property and financial affairs – gives the attorney the authority to make decisions about the person’s financial affairs.

Your local carers organisation may be able to help with this.

For free advice on legal matters contact the citizen advice bureau (CAB) in your area. Find your local service on their website.

• Website:        www.citizensadvice.org.uk