Determining Mental Capacity

Does the person

have an impairment Have all practicable steps been taken Is the decision Consider and
of, or a disturbance to support the person to understand, about emergency take all
in the functioning of Y retain and use information and N medical N practicable
the mind or brain? communicate their decision? treatment? steps

Y Y

Is the person Is the person Is the person Is the person The

able to able to retain able to use, or able to person
understand all information ‘weigh up’ the communicate has
N
of the relevant Y long enough to Y information to Y their decision Y capacity
information make the make a by any means? to make
about the decision? decision? the
decision? decision.

N N N N

The person does not lack Is the impairment or

capacity. Consider the need to
raise a safeguarding concern
if the person’s decision
making may be subject to
coercion or undue influence.
disturbance the reason that
the person cannot
N understand, retain or use
information, or communicate
their decision?
The person lacks capacity and a Best
Interests decision should be made
unless the person is likely to regain
Y
capacity and the decision can be
delayed or the decision must be made
by the Court of Protection.