The Mental Capacity Act 2005

Key principles:-

  • The Mental Capacity Act 2005 must be applied whenever there is a question as to the mental capacity of an individual. There are five key principles in the Act:
  • Every adult has the right to make his or her own decisions and must be assumed to have capacity to make them unless it is proved otherwise.
  • A person must be given all practicable help before anyone treats them as not being able to make their own decisions.
  • Just because an individual makes what might be seen as an unwise decision, they should not be treated as lacking capacity to make that decision.
  • Anything done or any decision made on behalf of a person who lacks capacity must be done in their best interests.
  • Anything done for or on behalf of a person who lacks capacity should be the least restrictive of their basic rights and freedoms.