The five key principles of the Mental Capacity Act

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The Mental Capacity Act 2005 is an important piece of legislation in England and Wales. It helps to support and protect those who might be struggling to make decisions for themselves and applies to anyone over the age of sixteen who may lack mental capacity.

A lack of capacity can be temporary or permanent, and this guidance helps professionals, families, and carers to support the individual. Let’s look at the five key principles:

Table of Contents

1. Presumption of capacity

From the outset, it should be presumed that every adult in the UK has the right to make their own decisions unless it can be clearly demonstrated that they are unable to; for example, it mustn’t be assumed that someone has no capacity because they have dementia or a learning disability. A lack of capacity can only be determined by a full capacity assessment and shouldn’t be assumed.

2. Support to make decisions

Before appointing a UK power of attorney or assessing an individual as lacking capacity, it is important to support the person in making decisions for themselves, perhaps by using pictures, explaining things clearly, and giving them extra time to understand and make choices.

3. The right to make unwise decisions

Just because someone might make a risky or strange choice doesn’t mean they lack capacity. People are entitled to decide how they spend their money or which lifestyle choices they make. The law has to protect individuality and the right to choose, even if decisions might not be the wisest in the opinion of others.

4. Best interests

If somebody is unable to make a decision, any decision made for them must be in their best interests. A lasting power of attorney can be made to assist with decision-making if someone has lost capacity. Find out more about UK power of attorney here.

5. Least restrictive

Any action taken should be the least restrictive action possible to avoid interfering with the person’s freedom and rights. This means ensuring the individual retains as much autonomy as possible despite their lack of capacity.