Last Updated - August 28, 2023
The Mental Capacity Act 2005 provides a legal framework for acting and making decisions on behalf of individuals who lack the mental capacity to make particular decisions for themselves. Everyone caring for, or working with, an adult who may lack capacity to make specific decisions must comply with the Act when making decisions or acting for that person, when the person lacks the capacity to make a particular decision for themselves. The same rules apply whether the decisions are life changing or everyday matters.
The Act’s starting point is to confirm in legislation that it should be assumed that an adult (aged 16 or over) has full legal capacity to make decisions for themselves (the right to autonomy) unless it can be proven that they lack capacity to make a specific decision at the time the decision needs to be made. This is known as the presumption of capacity.
The Act also states that people must be given all appropriate help and support to enable them to make their own decisions or to maximise their participation in any decision-making process.
The underlying philosophy of the Act is to ensure that any decision made or action taken on behalf of someone who lacks capacity to make the decision or act for themselves is made in their best interest. It is intended to assist and support people who may lack capacity and to discourage anyone who is involved in caring for someone who lacks capacity from being overly restrictive or controlling.
The Act also aims to balance an individual’s right to make decisions themselves with their right to be protected from harm if they lack capacity to make decisions to protect themselves. It sets out a legal framework of how to act and make decisions on behalf of people who lack capacity covering such areas as personal welfare, healthcare and financial matters.
You can find out more about the Mental Capacity Act 2005 via the following links:
