What is Mental Capacity?

The term having ‘mental capacity’ means being able to make your own decision at the time that the decision needs to be made. A person can lack mental capacity due to several reasons including a mental health issue, dementia, a learning disability or substance abuse. You are said to lack capacity if you are unable to:

  • understand information given to you about a decision you need to make, including the consequences of your decision;
  • remember the information given to you for long enough to be able to make the required decision;
  • weigh up all your options before making your decision; and/or
  • communicate your decision in any way including speech, signs and gestures.

Should you need to find out more about mental capacity be sure to contact our friendly and helpful solicitors today on 01483 451 900 or make an online enquiry and we will call you back.