The Mental Capacity Act
Rules for today
Mental Capacity means
being able to make your
own choices and decisions
Today we will look at what
the Law says about:
• Your right to make
choices and decisions
• What support you must
have to help you decide
• What happens if you
can’t decide for yourself
Your Right to Choose
• It’s your life!
• You can choose how to
live
• Choices like what to
wear, if you go out or
stay in, and what time
you go to bed
Make a list or
draw some of
the choices you
make in your
life
You can’t always get
what you want!
• Other people have Rights
too
• So you can’t hurt them
just to get what you want
• Sometimes you might
hurt yourself
• Your support staff have to
try to keep you safe
Sometimes it’s hard to decide
• There might be a lot of things to think about
• You might need help to understand
• It might not be the right time or place
• You might get worried or upset
• You might not have been allowed to make many
choices before
To make a decision you must be able to
• Understand
• Remember
You also must be able to
• Think about the choices
• Weigh them up in your mind
And you must be able to
• Tell someone about your choice
The Mental Capacity Act says...
• People with learning disabilities CAN decide
• You must have support to understand
• It’s OK to make mistakes sometimes
Assessment
• If it is hard for you to choose, someone will do an
assessment. This means checking what you need
support with. It could be the Support Worker or
Social Worker, or a Nurse or Doctor
• Your Care Plan should say what support you usually
need with making decisions
• If you can’t make a decision,
other people who know you
well must choose. This is called
Best Interests
• They must involve you and
think what is important to you
when they decide
• They might have a meeting
• You may get an advocate
(someone who speaks up for
you)
• If they can’t agree, the Court of
Protection decides
Other ways the Law can help:
• If you can’t choose for yourself...
• You could choose who decides for you
• Ask your Keyworker or Social Worker about Lasting
Power of Attorney
• This person could decide for you about things like
your money or what support you get
Thank you and good luck with your
choices!
Rose Harwood
[email protected]
Tel 01453 758778
Mob 07999 516441
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