Understanding mental capacity

3.3 How is a decision made on behalf of someone else?

According to an idea first put forward by a community learning disability nurse, Jenny White, there are at least seven principles that should be followed by someone who is making a decision on behalf of a person who lacks mental capacity (Mencap, n.d.). These are listed in Table 1 along with a mnemonic by which they can be remembered.

Table 1 The seven factors

R Consider whether the person can Regain capacity
E Encourage and Enable participation of the adult throughout the decision
F Take into account the adult’s past and current Feelings about this decision
L Is Life-sustaining treatment an issue?
E Show Equal consideration and non-discrimination
C Consider all relevant Circumstances
T Take the views of others into account