Mental capacity facts for kids

For a general discussion of mental capacity, see Intelligence

Mental capacity in law is about a person's ability to make their own choices. It means they can understand what those choices are and what might happen because of them.

Sometimes, people might have trouble making decisions for themselves. This can happen if they have illnesses that affect their memory, like Alzheimer's disease or Dementia. It can also happen if they have learning difficulties or mental health problems. They might not understand that something they are doing could be bad for them, or get them into trouble.

People can also lack capacity if they can't communicate at all. For example, if they are in a coma or have serious brain damage. In these cases, someone else might need to make decisions for them. This could be an advocate (someone who speaks for them) or a Judge. They might make these decisions through a court order.

Laws About Mental Capacity

In some countries, like the United Kingdom, there are special laws. These laws guide people who work with those whose ability to make decisions is unclear. They explain how to decide if someone can make their own choices.

The Mental Capacity Act (2005)

In the UK, this law is called the Mental Capacity Act (2005). It has 5 important rules that everyone must follow. These rules help make sure people are treated fairly.

Five Key Rules

Here are the 5 rules in simple terms:

• Rule 1: Always assume a person can make their own decisions. You can only say they can't if there's clear proof.
• Rule 2: Always try to help a person make their own decisions. Give them all the support they need.
• Rule 3: Just because someone makes a decision you think is bad, it doesn't mean they can't make decisions at all.
• Rule 4: If you have to make a decision for someone who can't, it must always be what is best for them.
• Rule 5: Any care or treatment for someone without capacity should not take away their rights or freedom more than is absolutely necessary.

This law also lets people who can make decisions now choose someone to make decisions for them later. This is in case they lose their capacity in the future.

What Happens When Someone Can't Decide?

If a person can't make decisions for themselves, there's a legal system in place. This system makes sure no one takes advantage of them. In the UK and many other countries, different people work together.

Who Helps Make Decisions?

Usually, a doctor or psychiatrist works with the person. A solicitor (a type of lawyer) represents the person. Another solicitor might represent the "public interest." This means they make sure the state's (government's) rules are followed. These groups often meet regularly to check that all decisions are truly in the person's best interest.

Images for kids

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  The common chimpanzee can use tools. This chimpanzee is using a stick to get food.

See also

In Spanish: Inteligencia para niños