Mental Capacity in Scotland

Everyone who is over 16 years old in Scotland is presumed to have mental capacity to make decisions for themselves. This only changes if a legal decision is made that they do not.

If someone does not have, or loses mental capacity, there are laws in place to protect them, and to guide the people who provide care or support for them.

This guide looks at what mental capacity means in Scotland, how the law works in practice and where to get advice.