Mental Capacity Act

If you can’t make decisions for yourself because you don’t have the mental capacity to make them, the Mental Capacity Act 2005 tells you what you can do to plan ahead, how you can ask someone else to make decisions for you and who can make decisions for you if you haven't planned ahead.

It is a law that applies to individuals aged 16 and over.

Examples of people who may lack capacity include those with: 

• dementia
• a severe learning disability
• a brain injury
• a mental health condition
• a stroke
• unconsciousness caused by an anaesthetic or sudden accident

However, just because a person has one of these conditions does not necessarily mean they lack the capacity to make a specific decision. 

Someone can lack capacity to make some decisions (for example, to decide on complex financial issues) but still have the capacity to make other decisions (for example, to decide what items to buy at the local shop)

Visit the NHS Choices website for more information,