To make decisions is an everyday affair that we all must do. If can make decisions for yourself then you have mental capacity but if you are not able to make any, there many reasons why this can happen and necessarily mean that you have no mental capacity. Reasons can include having a long-term illness or disability. It could also be due to temporary loss of the ability of that person to make decisions.
Since 2000, people have the right to create their own decisions. This idea was influential to make the Mental Capacity Act 2005. This is a law in Wales and England that protects a person’s right to create decisions. Should you have doubts about your capacity to make decisions or if someone you know also has the same problem, then read the following article to find information about the law and mental capacity.
Worries about a person’s ability to create decisions
You have mental capacity if you can make decisions for yourself. But if you cannot, many reasons can be attributed for this like a long-term illness or disability and the temporary loss of the ability to make decisions. If you are mentally stressed and have some type of learning disability then you have reasons to worry about your capacity to make decisions and how the law can affect you. Everyone has the right to make decisions for their own lives and these resources can help you be more aware of your rights.
The Mental Capacity Act 2005
This is online information describing the Mental Capacity Act 2005 and how it could affect you. It gives information about how you could get help when you worry about your mental capacity and your ability to create a decision.
Worried for a family member or a friend?
You have mental capacity if you can make decisions for yourself. But if you cannot, many reasons can be attributed for this like a long-term illness or disability and the temporary loss of the ability to make decisions. If someone you know experiences mental stress or dementia or have a learning disability then you have reasons to worry about your capacity to make decisions and how the law can affect you. Everyone has the right to
Making Decisions Alliance Website
This is a website that explains who the Making Decisions Alliance were and why have we campaigned for the Mental Capacity Act. It has information about how the Mental Capacity Act was implemented.
Working in a social or health care?
If you give treatment, care or support to those who have problems in making decisions for themselves, it is clear that you are involved with mental capacity issues. If someone over the age of 16 and live in Wales or England have problems with their decision making capacity or have been diagnosed with dementia, a psychiatric illness or a learning disability, brain injury, stroke or mental problem, then the Mental Capacity Act 2005 will apply to him. Many of those who work in social and health care are affected with the Mental Capacity Act and have to know about it. Everyone has the right to make decisions for their own lives and these resources can help you be more aware of your rights.
Researches for mental capacity
The concept of mental capacity is relatively new to a variety of services. Many studies have been done to explain and explore the nature of mental capacity and how the law can be used for it. The Mental Capacity Act has specific conditions about how researches should be done like who will be chosen as the participants and how the consent should be issued. The Foundation has a summary of what was found from their researches:
- ethical approval for the consent takes longer because the issue has to be taken to a a specialist committee
- one should know all the conditions of the Mental Capacity Act when conducting a research, especially if you should need an informed consent
- the informed consent process takes longer than usual because the researcher has to ensure that his participant is supported to make a decision regarding the research
- put aside extra money and time for the involving carers, advocates, translators, and involving staff.