What Causes A Person's Capacity To Lack Capacity
"Capacity" means the ability to use and understand information to make a decision, and communicate any decision made.
A person lacks capacity if their mind is impaired or disturbed in some way, and this means the person is unable to make a decision at that time.
Examples of how a person's capacity may be impaired include:
• mental health conditions – such as schizophrenia or bipolar disorder
• dementia
• severe learning disabilities
• brain damage – for example, from a stroke or other brain injury
• physical or mental conditions that cause confusion, drowsiness or a loss of consciousness
• intoxication caused by drug or alcohol misuse
Someone with such impairment is thought to be unable to make a decision if they can't:
• understand information …show more content…
In some situations where there's serious doubt or dispute about what's in an incapacitated person's best interests, professionals can refer the case to the Court of Protection for a ruling. This is the legal body that oversees the operation of the Mental Capacity Act (2005).
Changes in capacity
A person's capacity to consent can change. For example, they may have the capacity to make some decisions but not others, or their capacity may come and go.
In some cases, people can be considered capable of deciding some aspects of their treatment but not others. For example, a person with severe learning difficulties may be capable of deciding on their day-to-day treatment, but incapable of understanding the complexities of their long-term treatment.
Some people with certain health conditions may have periods when they're capable and periods when they're incapable. For example, a person with schizophrenia may have psychotic episodes (when they can't distinguish between reality and fantasy), during which they may not be capable of making certain
A person lacks capacity if their mind is impaired or disturbed in some way, and this means the person is unable to make a decision at that time.
Examples of how a person's capacity may be impaired include:
• mental health conditions – such as schizophrenia or bipolar disorder
• dementia
• severe learning disabilities
• brain damage – for example, from a stroke or other brain injury
• physical or mental conditions that cause confusion, drowsiness or a loss of consciousness
• intoxication caused by drug or alcohol misuse
Someone with such impairment is thought to be unable to make a decision if they can't:
• understand information …show more content…
In some situations where there's serious doubt or dispute about what's in an incapacitated person's best interests, professionals can refer the case to the Court of Protection for a ruling. This is the legal body that oversees the operation of the Mental Capacity Act (2005).
Changes in capacity
A person's capacity to consent can change. For example, they may have the capacity to make some decisions but not others, or their capacity may come and go.
In some cases, people can be considered capable of deciding some aspects of their treatment but not others. For example, a person with severe learning difficulties may be capable of deciding on their day-to-day treatment, but incapable of understanding the complexities of their long-term treatment.
Some people with certain health conditions may have periods when they're capable and periods when they're incapable. For example, a person with schizophrenia may have psychotic episodes (when they can't distinguish between reality and fantasy), during which they may not be capable of making certain