Key points

• Everyone has the right to make their own decisions about their health unless proven otherwise through a capacity assessment
• Help should be given to the individuals to make decisions for themselves
• If someone makes a decision you deem unwise, they should not be treated as lacking the capacity to make that decision
• Everyone should be assumed to have the capacity to make a specific decision unless demonstrated otherwise by a mental capacity assessment. Decisions will only be made in the person’s best interests if that person lacks capacity to make their own decision. 

Someone’s capacity may fluctuate and/or change and people may have capacity to make some decisions – for example, what to have for breakfast – but not for others, for example whether they should take their medicines to prevent another heart attack. The assessment will be for a specific task over a specific time period. For more details and other key points from the Mental Capacity Act 2005, see: bit. ly/4ftuxRk.