the mental capacity act 2005

• The mental capacity act has 5 statutory principles
• 1. the presumption of capacity - every adult has the right to make their own decisions and must be assumed to have capacity unless proved otherwise
• 2. support to make own decisions - a person must be given all practical help before anyone treats them as unable to make their own decisions. may involve presenting information in a different format for people with physical/learning disabilities.
• 3. unwise decisions - just because an individual makes an 'unwise decision' doesn't mean they lack the capacity to make it. people have the right to make eccentric or 'unwise' decisions as they have their own values and beliefs.
• 4. best interests - action taken or decisions made under the act on behalf of a person who lacks capacity must be done in their best interests. care workers should provide reasons for why their decision does this and try to involve the person.
• 5. less restrictive option - anything done on behalf of a person who lacks capacity should be the least restrictive of a person's basic rights and freedoms. for example, it's unreasonable to lock someone with learning disabilities in their room