A law that is designed to protect people who are unable to make decisions about their care and support, property or finances.
Under the Mental Capacity Act 2005, a person lacks capacity in relation to a matter if they are unable to make a specific decision at a specific time, because of an impairment of, or a disturbance in the functioning of, the mind or brain.
Assessments of capacity must always be made on a individual basis, in relation to the specific decision to be made. Assumptions should not be made due to the existence of a particular condition, or about whole groups of people.
The Act applies to everyone involved in the care, treatment and support of people aged 16 and over living in England.
The Act has five principles.
1: Assume a person has capacity unless proved otherwise.
2: Don’t treat people as unable to make a decision unless everything possible has been done to help them make the decision without success.
3: Don’t treat a person as unable to make a decision because their decision may seem unwise.
4: Always do things or take decisions for people without capacity in their best interests.
5. Before doing something to a person or making a decision on their behalf, think about whether the outcome could be achieved in a way that is less restrictive of the person’s rights and freedom of action.
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