Assessing capacity
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Assessing capacity involves five key principles:
1. a presumption of capacity
2. individuals being supported to make their own decisions
3. unwise decisions
4. best interests
5. less restrictive option.
It is useful to consider the principles chronologically: principles 1 to 3 will support the process before, or at the point of, determining whether someone lacks capacity. Once you’ve decided that capacity is lacking, use principles 4 and 5 to support the decision-making process.
Can the person:
- understand the information relevant to the decision?
- retain the information (long enough to make an effective decision)?
- use or weigh up that information as part of the process of making the decision?
- communicate their decision?
We can help this process by asking the following:
- is all the relevant information available?
- could the information be presented in a way that is easier to understand?
- are there other times when this would be better considered?
- can anyone else help (relative, friend, advocate)?
For further advice and information, please visit: legislation.gov.uk/ukpga/2005/9/contents