NHS Rotherham - Mental health and the law

The Mental Capacity Act 2005 affects anyone aged 16 or over who does not have the capacity to make some or all decisions for themselves. It defines Mental Capacity as the ability to make a particular decision at a particular time.

A person’s capacity can vary from day to day, and from issue to issue. Someone could have capacity to make some decisions, but not all the decisions they need to make.

A lack of capacity could be because of:

A learning disability
Mental health problems
Brain injury
Dementia
Alcohol or drug misuse
Side effects of medical treatment or any other serious illness or disability

There are several things you can do to prepare for the future. You can make people aware of what you views and wishes are if you lose capacity in the future, or appoint someone to make decisions on your behalf.

Letting people know what you views and wishes are in advance can be helpful for your family, carers and for the people you have chosen to make decisions for you.

You can tell people what your views or wishes are, or write them down. This is called an Advance Decision. An Advance decision is prepared when a person has capacity and is usually a decision to refuse specific treatment.

It is advisable to contact your doctor and other medical staff who care for you to get advice on making an Advance Decision to Refuse Treatment.

The Mental Capacity Act allows you to appoint someone else to make decisions for you.

You can appoint a Lasting Power of Attorney for health and welfare; to make decisions about health and personal welfare decisions if you lose capacity in the future

You can appoint a Lasting Power of Attorney for finances and property; to make financial and property decisions on your behalf now, or if you lose capacity at some time in the future

Deprivation of liberty safeguards

Sometimes a person may lack the capacity to consent to treatment or care in either a hospital or care home and may need, in their own best interests, to be deprived of their liberty.

NHS Rotherham and Rotherham Metropolitan Borough Council are working together to provide a shared Deprivation of Liberty Co-ordinator to act as a contact and referral point for the Safeguards.

Safeguarding Adults Office, 2nd Floor, Norfolk House, Walker Place, Rotherham, S65 3DA:- 01709 334026.

Last reviewed: 09/12/2010