A Stroke can have a major effect on a person’s decision-making ability. The person could be in a coma or post-trauma memory loss in the aftermath of brain injury with a Stroke, and family members may be expected to handle finances or make healthcare decisions. At this point, it is important to look at Stroke and mental capacity and take into account the patient’s wishes and their near family.
What is a Stroke?
A stroke is a serious condition that arises when blood flow to a portion of the brain is disconnected. Strokes are a life-threatening emergency and urgently need care. The earlier a person gets treatment for a stroke, the less likely the damage will occur.
Stroke and Mental Capacity
Mental capacity is just another way to say ‘the capacity of a person to make a decision.’ Mental capacity is assessed by whether a person has a mental or brain impairment or disability (such as a brain injury/stroke ) that specifically affects their ability to sense, remember, weigh up decision-related information, and/or express their opinions, desires, and feelings about any issue.
Assessing Mental Capacity
Mental capacity is assessed using a legal assessment outlined in MCA sections 2 and 3. An individual cannot be judged solely because they make an unwise decision. A mental capacity assessment is necessary to see whether they can make their choices after a stroke.
According to Section 3 of the MCA, A person lacks mental capacity if he/she does not understand the information relevant to the decision, retains that information, uses or weighs that information as part of the decision making process, or communicates his / her decision (whether by speaking, using sign language or some other means).
A person should not be considered to lack the mental capacity of understanding the information relevant to a decision if he can understand an explanation given to him in a manner appropriate to his circumstances (using simple language, visual aids, or any other means). The fact that a person is only able to retain information relevant to a decision for a limited time does not stop him or her from being considered worthy of making the decision.
Why Mental Capacity Assessment for a Stroke Patient is important?
When taking any financial or health treatment decision, it is important to determine the effect of stroke and mental capacity. If someone is dealing with a stroke condition, the mental capacity must be assessed to avoid future complications. The difference between a stroke survivor who lacks mental capacity and one who has capacity but is unable to articulate that decision must be recognized. If you can’t make a certain decision and you haven’t fully decided about it in advance, the MCA will enable someone else to decide what should happen.
Consult with Mental Capacity Assess
If you have a client who has lost the mental capacity as a result of a stroke and require further information, please get in touch with our experts at Mental Capacity Assess.