Mental capacity assessment
To assess whether you can make those decisions yourself or if the clinical team needs to make decisions on your behalf, they will complete a mental capacity assessment.
A mental capacity assessment will test whether you are able to:
- Understand information relevant to the decision
- Retain information relevant to the decision
- Use information to weigh up a decision
- Communicate a decision
To lack capacity, you would have to be unable to do one of these. If you are assessed as being unable to do one of these then the clinical team will make a decision, which will always be what is best for you at the time and is known as a ‘best interest decision.’
If you have been assessed as lacking capacity and cannot consent to your care and treatment in hospital, the medical staff may make an application for a Deprivation of Liberty Safeguards (DoLS).
What is a Deprivation of Liberty Safeguards (DoLS)?
DoLS is in place to protect people aged 18 years and over who lack mental capacity about their care and are being deprived of their liberty. The DoLS is an independent process, set out by law, which protects a patient who has had restrictions placed on them by an organisation.
How will a DOLS affect you or your loved one?
There may be some restrictions in place to limit your freedoms and liberty such as locked doors, furniture to stop you from falling, or medications, as well as other things to keep you safe in hospital. This will have been decided in your best interest, to keep you safe and make sure you receive the most appropriate care in hospital.
This means you are not free to leave until:
- You are medically fit to be discharged from hospital, or
- You regain capacity (assessed by a professional completing a new mental capacity assessment) and can make a decision yourself about whether to remain in hospital or not.
Your rights
- There is a process you can follow if you are not happy with decisions made on your behalf.
- You may have put something in place to refuse treatment when you still had the mental capacity to do so.
- You have the right to an Independent Mental Capacity Advocate (IMCA)who can support you and help you understand what’s going on and why.
- The Court of Protection may get involved if there are disagreements over decisions being made.
Further information
You can find more detailed information available by accessing any of the following links.
Information now – Making decisions and your mental capacity My adult still my child (MASMC) Mencap – The Mental Capacity Act Deprivation of Liberty Safeguards (DoLS) – easy read guidance
