The Mental Capacity Act 2005 - Legislation Overview
This Act is designed to empower individuals who lack the mental capacity to make decisions about their care and support needs.
It highlights the need for professionals from all agencies to adopt a person centred approach when working with individuals to prevent harm and promote autonomy. The Act guides further intervention when someone is deemed to lack capacity such as appointing a Lasting Power of Attorney for property and affairs or Deputyship via the Court of Protection.
The Main Points:
Assessing capacity is situation specific and time specific. Just because someone lacks capacity around their finances does not mean they lack capacity to purchase their shopping. Capacity can fluctuate over time and may be re-gained.
There are five key principles underpinning this act:
A person's capacity is assumed until established that they lack capacity.
A person must not be treated to lack capacity until all reasonable steps have been taken to assist them in making the decision in question.
People have the right to make unwise decisions.
Any act or decision taken on behalf of the individual needs to be taken in their best interests.
The least restrictive option must be taken when undertaking a decision for someone.