Assessing mental capacity Available to Purchase

This article is based on a presentation that I gave to the Royal Hospital for Neuro‐disability, Putney, London on 28 July 2010. It draws on case law and case studies to explore the issues and dilemmas involved in assessing a person's capacity to make decisions. Suggestions are proposed for the stages in undertaking that assessment. The article concludes by emphasising the importance of considering best interests as a factor in deciding whether a person has capacity in relation to a particular decision, where there may be concerns as to his/her vulnerability overall.