MC4 Rules for supporting and assessing

The so-called ‘rules for assessing mental capacity’ are summarised here:

1. Start by thinking I can make a decision.
2. Do all you can to help me make a decision.
3. You must not say I lack capacity just because my decisions seem unwise.
4. Use a best interest checklist for me if I can’t make a decision.
5. Check the decision does not stop my freedom more than needed.

Issues

A range of issues need to be taken into account at all stages of assessing and supporting someone who may lack mental capacity. These include:

• All adults are presumed to be able to make their own decisions unless they are judged as lacking the mental capacity to do so.
• Ensure that the primary consideration is that unless you can prove otherwise, the person can, with help, make their own decision.
• Try to understand what the person’s preferences may be.
• Use language, other forms of communication and information that help the person understand the decision they are making and the risks and benefits of different outcomes.
• Try to put aside your own thoughts and feelings. If a person is making an unwise decision this does not mean that they lack capacity.