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Everyone wants to make their own decisions about things that affect their lives, and not be dictated to by others. The law says we must presume that adults have capacity to make decisions for themselves unless it is proven otherwise. Generally, this means that when making a particular decision, the adult can:
- understand the facts and the choices involved,
- weigh up the consequences, and
- communicate the decision.
Capacity to make decisions may be affected by factors such as illness, injury, or cognitive decline. Loss of capacity may be total or partial, permanent or temporary. The law recognises that you may have lost capacity to make some more complex decisions, but not others. For example, you may have lost capacity to understand complicated financial arrangements or make a Will but be quite able to decide your medical treatment and where you want to live.
People with loss of capacity are more vulnerable and can be susceptible to abuse by others, including their own family members. This information sheet gives tips on what you can do to prepare for the future in case you lose capacity to make your own decisions.