Mental capacity - what does the law say?

The Mental Capacity Act 2005 sets out five statutory principles which underpin its legal requirements.  

The principles are designed to help people take appropriate action in individual cases and help people find solutions in difficult or uncertain situations.  The five principles are:

• A person must be assumed to have capacity unless it is established that they lack capacity.
• A person is not to be treated as unable to make a decision unless all practicable steps to help them to do so have been taken without success.
• A person is not to be treated as unable to make a decision merely because they make an unwise decision.
• An act done, or decision made, under the MCA 2005 for or on behalf of a person who lacks capacity must be done, or made, in their best interests.
• Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person's rights and freedom of action.

Zoe Longbottom
01206 217313
[email protected]