Lacking mental capacity

Lacking mental capacity

A current issue for the elderly and for all.

Today in England and Wales as many as two million people lack the capacity to make some decisions for themselves.

Parliament ruled recently about this question: in Britain the Mental Capacity Act was passed in 2005 and has been fully introduced since 1st October 2007.

The number of people who lack capacity is increasing very quickly. The ageing of the population and the multiplication of degenerative diseases such as Alzheimer are a part of the explanation. But it is not enough. A lot of people who are suffering from mental illnesses are deemed to have no longer their mental capacity. Besides, so many people can be considered as vulnerable and could need to be protected. So, it is really important to understand the role of the legal protection in society and not only for old people but for all people who are suffering from a mental distress.

Human individuals can be defined by their ability to make decisions on their own behalf. The Law and medicine use the notion of capacity to name this ability to make a decision and the legal responsibility for this decision. In Britain, " a person must be assumed to have capacity unless it is established that they lack capacity”. For psychiatry, capacity is mental capacity and means the capacity to make sound judgements, or not to have mental disability.

You need enough mental capacity to make a decision that may have legal consequences, but also to make a decision that affects daily life, such as when to get up, what to wear or whether to go to the doctor when feeling ill.

Mental capacity is difficult to assess because it is a legal, clinical, ethical, and social construct. The Mental Capacity Act defines that “a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain.’

Everybody who is directly concerned with the individual at the time a decision needs to be made, can assess the capacity of the concerned person.

You can anticipate the day when you might have a lack of capacity. You can choose in advance who will have the right to make decision on your behalf. The measure is called a lasting power of attorney. So, don’t forget to think about the mental health of your relatives, but also your own mental health!