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Capacity

Decisions are being made for me (or someone I love)

The law assumes you can make your own decisions. Even an unwise decision is not proof that you can't make it.

Open the interactive version

The interactive version is available in 6 languages and Easy Read.

Your rights

What to do next

  1. Capacity depends on the decision. Ask which decision was assessed, and when.
  2. Ask to see the written assessment and the best interests record.
  3. If there's no family to consult, ask whether an Independent Mental Capacity Advocate (IMCA) should be involved.
  4. If you disagree, ask for a second opinion. Serious disputes can go to the Court of Protection.

Say this

“Can you show me the capacity assessment for this specific decision, and how my wishes were taken into account?”

The law behind it (England)

Elsewhere in the UK

Scotland
In Scotland, the Adults with Incapacity (Scotland) Act 2000 applies instead.
Wales
The Mental Capacity Act 2005 applies in Wales as well as England.
Northern Ireland
In Northern Ireland, the Mental Capacity Act (Northern Ireland) 2016 applies (being brought in stage by stage).

Easy Read

What you need to know

What you can do

Last reviewed: November 2026. This is general information, not legal advice. How we check our information.