Brain Injury Claimants And Mental Capacity – An Expert's Guide

Lacking mental capacity can have a profound impact on a person's needs and in turn an expert's recommendations for the future. Such considerations can be difficult for experts not working within psychiatric or psychological fields. Senior Associate Rebecca Hill discusses mental capacity, how it is assessed and how the outcome may affect experts involved with the claim.

Mental capacity

Mental capacity is the ability to make decisions, and this can be compromised when a person suffers a brain injury.

Importantly, capacity is not a blanket term; a person might have capacity to make some decisions but not others. They might be able to decide where they want to live, but not be able to manage their finances and affairs. Capacity can also change over the course of years, months, weeks and even hours.