About Ca­pac­ity

The People's Friend - - Finance -

All adults are as­sumed in law to have ca­pac­ity to make their own de­ci­sions un­less it is es­tab­lished that they lack that ca­pac­ity. Even then, peo­ple must be given all the help they need to make what­ever de­ci­sions they can for them­selves. Just be­cause some­one makes a de­ci­sion an­other per­son thinks is un­wise, that doesn’t mean they lack men­tal ca­pac­ity.

The laws them­selves are slightly dif­fer­ent in Eng­land and Wales, in North­ern Ire­land and in Scot­land, but they all have sim­i­lar prin­ci­ples. All have sim­i­lar tests for ca­pac­ity, in­volv­ing the abil­ity to make, com­mu­ni­cate, un­der­stand and re­mem­ber de­ci­sions, as well as how this might be im­paired at some times and for some pur­poses.

Any­body tak­ing de­ci­sions on be­half of a per­son who lacks ca­pac­ity must al­ways do so in the per­son’s best in­ter­ests.

Newspapers in English

Newspapers from UK

© PressReader. All rights reserved.