Chapter 3 - Legislative Framework
The Mental Capacity Act 2005 - Scottish Legislation (continued)
The Act aims to protect people who lack capacity to make particular decisions, but also to support their involvement in making decisions about their own lives as far as they are able to do so. Anyone authorised to make decisions made on behalf of someone with impaired capacity must apply the following principles:
Principle 4 - Consultation with relevant others
Take account of the views of others with an interest in the person's welfare. The Act lists those who should be consulted whenever practicable and reasonable. It includes the person's primary carer, nearest relative, named person, attorney or guardian (if there is one).
Principle 5 - Encourage the person to use existing skills and develop new skills
Supervision and regulation.