5 principles of the Mental Capacity Act (2005)

The first principle is that you need to presume that someone has mental capacity

• yes

• no

What is the second principle of the MCA (2005)?

• When an act is done ensure that it is the least restrictive option

• Ensure that any act done for or to the person is in their best interest

• Take as many practical steps that you can to support the person to make the decision

• If a person makes a decsion that you feel is unwise this does not mean that they lack mental capacity

What does this mean: Just because I make an unwise decision that I do not lack capacity

• A decision that will result in more risk to the person making it - so it should not be made

• A decision that you wouldn't make and you think of it as unwise

• A decision that is unwise but clearly reasoned by the person - so should be made

• A decision that is against the norm / not popular and leaves the person at risk of harm

What are practical steps?

• Practical ways to support someone make the decision such as pros / cons or supportive thinking through type questions

• Practical steps is the process to go through the 5 principles

• Practical steps are for professionals

What is the person's best interest?

• If someone found to lack capacity the decision outcome is aimed to keep the person safe

• If someone is found to lack capacity the decision outcome is aimed to satisfy family concerns

• If someone is found to lack capacity then the decision outcome is in the person's best interest inclusive of their wishes

• If someone is found to lack capacity then the decision outcome is in everyone's best interest