Skip to Navigation Skip to Content
Rethink Mental Illness
Advice and informationContact UsHelp NowMembers

Our goal is a better life for everyone affected by mental illness. See how we make a difference

Donate now
  • Home
  • About us
    • People & History
    • Our governance
    • Commissioning us
    • Contact us
    • Help us improve
    • Health professionals
    • Mental Health in Co-Production
    • Support Groups
    • Join our focus group
    • all factsheets
    • Schizophrenia Commission
    • Your data
    • Trustees Report 2016 - 17
  • Services & Groups
    • Support Groups
    • Advice & helplines
    • Advocacy
    • Carer support
    • Community support
    • Criminal justice
    • Crisis
    • Employment & training
    • Housing
    • Nursing & residential care
    • Personalisation
    • Talking treatments
    • Young people
    • Mental health training
    • Co-Production
  • Diagnosis & treatment
    • Conditions
    • Medications
    • Symptoms
    • Treatment & support
  • Living with mental illness
    • Recovery
    • Money issues, benefits & employment
    • Wellbeing & physical health
    • Mental health laws
    • Police, courts & prison
    • Rights & restrictions
    • Housing
    • Young People
    • Staying well with bipolar
    • Early intervention
    • Wellbeing Guide
    • National Clinical Audit of Psychosis
    • Reasonable adjustments at work
    • LGBTQ+ & Mental Health
  • Carers & family
    • What you need to know
    • Brothers & sisters
    • Respite Care
    • Support for young carers
    • Criminal justice guides
    • Set up a trust fund
    • The Care Act
    • Caring for Yourself Guide
    • How you can help guide
  • Get Involved
    • Fundraising tips
    • Become a member
    • Become a campaigner
    • Work for us
    • Fundraising events
    • Sign up for our newsletter
    • Our Campaigns
    • Volunteering & participating
    • Gifts in wills
    • Join a Regional Committee
    • Policy
    • Time To Change
    • Corporate partnerships
    • Public Affairs
    • Trusts & statutory funding
    • Here All Year
    • Pringle Awards
    • Janey Antoniou Awards
    • Participation Opportunities
    • Rethink Remembers
  • Home >
  • Living with mental illness >
  • Mental health laws >
  • Mental capacity
Living with mental illness
  • Recovery
  • Money issues, benefits & employment
  • Wellbeing & physical health
  • Mental health laws
    • Mental Health Act 1983
    • Discharge from detention
    • Section 117 Aftercare
    • Mental capacity
    • Discrimination
    • Legal advice
    • Community Treatment Orders
  • Police, courts & prison
  • Rights & restrictions
  • Housing
  • Young People
  • Staying well with bipolar
  • Early intervention
  • Wellbeing Guide
  • National Clinical Audit of Psychosis
  • Reasonable adjustments at work
  • LGBTQ+ & Mental Health

Mental capacity and mental illness

  • Overview
  • About
  • Assessment
  • For the future
  • Decisions
  • Problems
  • Useful Information

Mental capacity means you have ability to make your own decisions. If you lose mental capacity the Mental Capacity Act 2005 (MCA) protects you and your rights. You may lose mental capacity because of your mental illness. This section explains mental capacity and how the MCA works.

  • The Mental Capacity Act (MCA) is the law that protects you if you are not able to make decisions.
  • You may lack mental capacity if you can’t:
    • understand information about a decision,
    • remember this information,
    • use this information to make a decision, or
    • communicate your decision.
  • You may only lack mental capacity for a short period of time.
  • Being unwell or having a mental illness does not mean you lack mental capacity. Most people with a mental illness do not lack mental capacity.
  • Being held under the Mental Health Act does not mean that you lack mental capacity.
  • Making a bad decision doesn’t mean that you lack mental capacity.
  • A health professional will assess if you have mental capacity.
  • The MCA sets out who can make decisions for you if you lack capacity.
  • You can make an advance statement or advance decision about your wishes for treatment and care in case you lose capacity in the future.
  • If someone makes decisions for you because you lack capacity, they need to be in your ‘best interests’.

This section covers:

  1. What is mental capacity?
  2. What is the Mental Capacity Act (MCA)?
  3. How is mental capacity assessed?
  4. I’m worried that I might lose my mental capacity in the future. What can I do?
  5. How are decisions made for me if I lack mental capacity?
  6. I don’t agree that I lack capacity to make a decision. What can I do?
  7. I don’t agree with a decision that is being made about the person I care for. What can I do?
  8. Who are the Court of Protection and the Office of the Public Guardian?
  9. What else should I know about the Mental Capacity Act?
  10. I am a carer. Am I legally protected if I make best interests decision for someone?
  11. What is the difference between the Mental Capacity Act and the Mental Health Act?

 

These pages are created by Rethink Mental Illness' Advice Service in accordance with the Information Standard. Last reviewed in May 2018. Next review May 2021.
Share on facebookShare on TwitterShare on Google+PrintEmail

Find local support

Find services and support groups near you

We provide a range of services nationally, including advocacy, carer support, crisis services and more.

Click here to find groups and services in your area

Useful Resources

  • Mental Capacity and Mental Illness Factsheet
See all resources

Need practical advice & info? We can help.

Contact our Advice team about mental health & related issues

0300 5000 927 Monday - Friday 9.30am - 4pm, not including bank holidays

Find Services & Groups

Crisis contacts

Samaritans

Call: 

116 123 (UK)
116 123 (ROI)

Or Email jo@samaritans.org

NHS Direct

Call 111
Operate 24/7

Should be able to provide details of local crisis support services or advise on accessing local A&E

More crisis contacts...

  • Jobs & Volunteering
  • Need crisis support?
  • Media Centre
  • Shop
  • Contact us
  • Privacy
  • Our supporter promise

Rethink Mental Illness is a charity that believes a better life is possible for the millions of people affected by mental Illness. For 40 years we have brought people together to support each other through our services, groups and campaign.


Rethink Mental Illness
Registered Office 89 Albert Embankment London SE1 7TP United Kingdom

0121 522 7007 | info@rethink.org

Registered in England Number 1227970. Registered Charity Number 271028.

Rethink Mental Illness is a charity that believes a better life is possible for the millions of people affected by mental Illness by bringing people together through our groups, services and our campaigning.
Rethink Mental Illness
89 Albert Embankment London SE1 7TP United Kingdom 0121 522 7007 info@rethink.org
FB Twitter Youtube Instgram
Time to Change
Mental Health UK