Mental Capacity in Practice

MCA: Some Things You Should Know About The Act

The 5 Statutory Principles

Learn these because you are required to follow them:

  • A person must be assumed to have capacity unless it is established that he lacks capacity.
  • A person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success.
  • A person is not to be treated as unable to make a decision merely because he makes an unwise decision.
  • An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his 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