Mental Capacity 

What to Do Next

Use this guidance if a person makes a choice you wouldn’t make yourself, or you’re unsure whether someone has capacity to decide.

Start with this assumption

Always assume the person has capacity, unless there is clear evidence they do not.

Making an unwise choice does not mean someone lacks capacity.

What to do

1. Explain the choice clearly, including any risks, in a way the person can understand

2. Offer alternatives where appropriate

3. Give time and support for the person to decide

4. Respect the decision if the person understands the information and can communicate their choice

5. Follow the care plan, and contact the office if you’re unsure

When to pause and seek advice

Contact the office if:

• The person seems confused or unable to understand the decision

• You’re unsure whether they can weigh up the risks

• The decision could cause serious harm

• The care plan doesn’t reflect what you’re seeing

What not to do

• Don’t override choices just because you disagree

• Don’t assume lack of capacity based on age, condition, or diagnosis

• Don’t rush decisions

Remember

• Capacity is decision-specific and can change

• Supporting choice is part of dignity and respect

• You are not expected to assess capacity alone, support is always available