In the UK, the Mental Capacity Act 2005 provides the legal framework for assessing whether someone has the ability to make a decision. Capacity is not judged in general terms but is decision-specific, meaning a person may have the ability to make some decisions but not others.
What Is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document. It means you can give someone the authority to make decisions for you if you lose the mental capacity to do so. If you want to move forward with an LPA online, you can get in touch with https://powerofattorneyonline.co.uk/. Over two million lasting powers of attorney have been added to the online service.
The Assessment Follows a Two-Stage Test
First, it must be established whether the person has an impairment of the mind, such as dementia or a learning disability. If such an impairment exists, the second stage asks whether this prevents the person from making the decision in question. To decide this, the assessor, who is often a doctor, social worker or another professional, must check whether the person can understand the information about the decision, retain that information long enough to use it, weigh up the pros and cons to make a choice and communicate their decision.
People Should Be Supported
If someone cannot do one or more of these steps, they are deemed to lack the capacity to make that decision. However, the law stresses that people should be supported to make choices. For example, using simpler language or pictures may help them decide.
