To report an adult at risk of abuse, call 0121 704 8007 or submit a form online.
Understanding mental capacity
Mental capacity means being able to understand and make your own decisions.
Most people can make their own decisions, but some people may need support. Sometimes a person is unable to make their own decisions because of an illness, disability, injury or treatment. This may include people who have:
- dementia
- a learning disability
- a mental health condition
- had a stroke
- a brain injury
- been unconscious because of an accident, coma or general anaesthetic
Having one of these conditions does not automatically mean someone cannot make their own decisions.
Mental Capacity Act (2005)
The Mental Capacity Act (2005) protects and supports people who may have difficulty making their own decisions.
The Act states that you should be treated as if you have capacity, unless there is evidence that you do not.
People who are unable to make decisions for themselves may be more vulnerable to abuse or neglect, which is why legal safeguards are in place.
Before medical professionals decide you do not have capacity, you must be supported to make your own decisions.
If you lack mental capacity, any decisions made for you must be in your best interests and protect your rights and freedoms.
Advocacy
The Mental Capacity Act makes it a legal requirement for anyone assessed as lacking mental capacity to receive advocacy when they are unable to communicate their wishes.
You may also choose someone to make decisions for you through a Lasting Power of Attorney (LPA).
