Everything care providers need to know about the Mental Capacity Act 

As we age, our bodies and minds may not function as well as they used to. Even making small decisions can be a challenge.  

Sometimes, care home residents may have difficulties making decisions, either all or some of the time, about their health, welfare and finances. The Mental Capacity Act enables people to plan for these situations. 

When might care providers need to assess capacity? 

Assessing a person's capacity becomes necessary when they are unable to make a particular decision at a particular time because their mind or brain is affected by illness or disability.  

It's important to note that lack of capacity may not be permanent. Assessments of capacity must be time and decision-specific. You cannot decide that someone lacks capacity based on age, appearance, condition or behaviour alone. 

Who can assess capacity? 

Assessors can be anyone – family members, care workers, care service managers, nurses, doctors or social workers. Any individual who makes decisions on behalf of others is responsible for recognising their role and responsibilities under the code of practice. However, in cases involving complex or major decisions, you may need to get a professional opinion - the assessor must be an impartial, qualified professional, such as a doctor, nurse, or social worker. 

It is possible for anyone to find themselves in a situation where they need to assess capacity. In particular, people working in health and social care services may have to assess someone's capacity to make a decision. Therefore, care providers must have copies of the Act's codes of practice available for relevant staff who may have to make such an assessment. 

In the codes of practice, the people who decide whether a person has the capacity to make a particular decision are referred to as 'assessors' - this is not a formal legal title.