MCA resource - helping people with decision making
Always return to first principles: assume that the person has capacity to make the decision in question (principle 1). In so doing, you should make every effort to encourage and support the person to make the decision for themselves (principle 2). Those supporting must take all practical and appropriate steps to enable the individual to make that decision themselves.
To assist in answering the question of whether the person is able to do this, you will need to check the following:
- Does the individual have all the relevant information needed to make the decision?
- If there is a choice of options, has information been provided on the alternatives?
- Have the communication needs of the individual been taken into account? The information needs to be presented in a way that is easier for them to understand.
- Have different communication methods been explored, including obtaining professional or carer support?
- Consider the risks and benefits, including describing the consequences of making a decision, and making no decision.
Importantly, in considering, in more depth, the communication needs of the individual, see the following for further guidance:
- MCA Code of Practice (paragraph 3.10) (external website)
- Mental Capacity Act 2005: Short Reference Guide for Psychologists and Psychiatrists, British Psychological Society (external website)
- Assessment of Mental Capacity: Guidance for Doctors and Lawyers, (2004) BMA/Law Society.
Other factors to be considered include location, timing, and support from specific people whom the individual trusts.
