The Mental Capacity Act 2005

The Mental Capacity Act 2005

Understanding capacity, supported decision-making and the five statutory principles

The Mental Capacity Act 2005 provides an important legal framework for protecting a person’s right to make their own decisions while providing safeguards when they are unable to make a particular decision for themselves.

This resource explains capacity in an accessible, person-centred way, including why capacity is specific to both the decision and the time it needs to be made. It explores the support that should be provided before somebody is considered unable to decide and what happens when a decision must be made in their best interests.

It includes:

• What the Mental Capacity Act is
• The five statutory principles
• Presuming capacity
• Supporting someone to make their own decisions
• The legal test of capacity
• Understanding, retaining, using or weighing information
• Communicating a decision
• Unwise decisions
• Best-interests decision-making
• Wishes, feelings, beliefs and values
• The least-restrictive principle
• Lasting Powers of Attorney and advance decisions
• Common misconceptions about capacity

A practical introduction to capacity that places autonomy, communication and supported decision-making at the centre.

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