Mental capacity refers to a person’s ability to understand, retain, weigh up, and communicate information in order to make a specific decision.

It is decision‑ and time‑specific, meaning a person may have capacity for some decisions but not others, and this can change.

This matters because UK law, the Mental Capacity Act, is designed to empower people to make their own decisions wherever possible and to ensure that any support or best‑interest decisions are made safely, respectfully, and with the least restriction on a person’s autonomy.

Understanding mental capacity is essential for safe rehabilitation planning, informed consent, risk management, and enabling meaningful participation in daily life and long‑term recovery.

SLTs are uniquely trained to identify whether difficulties arise from language, attention, memory, executive functioning or expressive communication, and to adapt the assessment so the person can demonstrate what they truly know and think.

Further information:

Brain Injury and Mental Capacity Assessments:
nrtimes.co.uk/brain-injury-and-mental-capacity-assessments-psychworks

Mental Capacity Act:
https://www.nhs.uk/social-care-and-support/making-decisions-for-someone-else/mental-capacity-act/

Mental Capacity Act 2005: 
https://www.legislation.gov.uk/ukpga/2005/9/contents

 

If you would like to discuss a referral, request a quote, or explore how specialist ABI speech and language therapy can support you or your client, please get in touch.

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