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 1 - Benefit
Any action or decision taken must benefit the person and only be taken when that benefit cannot reasonably be achieved without it.
Principle 2 - Least restrictive option
Any action or decision taken should be the minimum necessary to achieve the purpose. It should be the option that restricts the person's freedom as little as possible