Mental Capacity Act 2005

Mental Capacity Act 2005

1. Has 5 statutory principles.

   • A presumption of clarity:
     • Act tells us that every adult has the right to make their own decisions.
       • And must be presumed to have the capacity to do so unless it is proved otherwise.
         • For example, a care worker should not assume that the person they are looking after cannot make a decision for themselves, just because they have a certain condition or disability. Consider this carefully.
   • SUPPORT to make own decisions:
     • An individual must be given viable help before ANYONE treats them as if they are not competent of making their own decisiion
       • A way to promote practicable help that supports an individual's decision making is...
         • Presenting information in a different format for those with a physical or learning disability.
   • Unwise Decisions:
     • People should not be treated as they are lacking the capacity to make an unwise decision.
       • Just because they are making what seems like an unwise decision.
         • Therefore, people have the right to make a decision that others might view as an UNWISE or UNCONVENTIONAL.
   • Best Interests:
     • Whenever an action is taken or a decision is made under the Act on behalf of an individual who lacks mental capacity, it should be done in THEIR best interests
       • If so, care workers should provide reason that shows the decision they are making is in the person's best interests.
         • 1) Should try to involve the person.
         • 2) Or consider to choose to put off the decision until the person regains capacity.
   • Less Restrictive Opinion:
     • Anything done for or on behalf of a person who lacks mental capacity should be less restrictive of their BASIC rights + FREEDOMS.