Mental Capacity

What is mental capacity?

It means being able to understand something and make a decision about it.

Some people might find this hard because of having:

• A learning disability.
• A stroke.
• Mental health problems.
• An illness.
• An alcohol or drug problem.
• A brain injury.

The Mental Capacity Act

This is a law that helps people aged 16 and over who may not be able to make some decisions on their own. It also helps people who make decisions for other people when they cannot do that.

It helps people plan for a time when they may not be able to decide things for themselves.

Just because someone has a problem, does not mean they cannot understand things or choose what they want to do. The Act helps to check if people need help to make decisions.

To find out more, visit the City of York Council Mental Capacity Act page.

Keeping People Safe – DoLS

DoLS stands for Deprivation of Liberty Safeguards.

These rules help protect people who cannot decide:

• Where they live.
• What care or treatment they need.

It makes sure no one is stopped from doing what they want without a good reason. It also makes sure that people are safe. This might mean them living somewhere like a care home or hospital.

People still have rights and must be treated fairly.

You can find more info on the City of York Council DoLS page.

Who can help? – Relevant Person’s Representative

A Relevant Person’s Representative is there to make sure that the person’s needs and what they want are listened to. This is needed if they cannot make decisions for themselves.

The Relevant Person’s Representative will:

• Listen to the person and what they want.
• Be independent and provide support if needed.
• Speak up for the person and help with complaints.
• Ask for a review or get help from the court if needed.

You can find out more on the City of York Council DoLS page.