You may need to assess capacity where a person is unable to make a particular decision at a particular time.

Lack of capacity may not be a permanent condition. Assessments of capacity should be time and decision specific.

The MCA Code of Practice contains a checklist summary of points to consider.

These are:

• Presuming someone has capacityThe starting assumption must always be that a person has the capacity to make a decision, unless it can be established that they lack capacity.
  A person’s capacity must be assessed specifically in terms of their capacity to make a particular decision at the time it needs to be made.
  It is important to balance people’s right to make a decision with their right to safety and protection when they can’t make decisions to protect themselves. But the starting assumption must always be that an individual has the capacity, until there is proof that they do not.
• Treating everyone equallyA person’s capacity must not be judged simply on the basis of their age, appearance, condition or an aspect of their behaviour.
  The kind of support people might need to help them make a decision varies. It depends on personal circumstances, the kind of decision that has to be made and the time available to make the decision. It might include: 
  • Using a different form of communication, for example, non-verbal communication.Providing information in a more accessible form, for example, photographs, drawings, or tapes.Treating a medical condition which may be affecting the person’s capacity.Having a structured programme to improve a person’s capacity to make particular decisions, for example, helping a person with learning disabilities to learn new skills.
  Treating people equally is not treating everyone the same as they will have different needs.
• Supporting the person to make the decision for themselvesIt is important to take all possible steps to try to help people make a decision for themselves.
  Anyone supporting a person who may lack capacity should not use excessive persuasion or ‘undue pressure’. This might include behaving in a manner which is overbearing or dominating, or seeking to infl uence the person’s decision, and could push a person into making a decision they might not otherwise have made. 
  It is important to provide appropriate advice and information.
  
  
• Assessing capacityDoes the person have an impairment of the mind or brain, or is there some sort of disturbance affecting the way their mind or brain works? It doesn’t matter whether the impairment or disturbance is temporary or permanent.
  If so, does that impairment or disturbance mean that the person is unable to make the decision in question at the time it needs to be made? Assessing ability to make a decision.

What a caring son. I hope my son will look after me in a similar way should the need arise.