Mental Capacity Act 2005
Mental Capacity Act 2005 Code of Practice from https://gov.uk download
The Mental Capacity Act 2005 is an England and Wales law designed to protect and empower individuals aged 16 and over who cannot make some or all of their own decisions
It applies to people with conditions like dementia, learning disabilities, brain injuries, or severe mental health issues.
The Act is built on five key principles that protect individuals' rights and autonomy
- Presumption of capacity: Every adult has the right to make their own decisions unless it is proved otherwise.
- Supported decision-making: Individuals must be given all practicable help to make their own decisions before anyone concludes they lack the capacity to do so.
- Unwise decisions: A person is not treated as lacking capacity just because they make a decision that others consider unwise.
- Best interests: Any action or decision made on behalf of someone who lacks capacity must be made in their best interests.
- Least restrictive option: Any decision made must be the least restrictive of the person's basic rights and freedoms