Mental Capacity Act Key Principles

It is very rare for an Act of Parliament to state the principles on which it is based

Principles of the Act (Section 1)

  • Assume a person has capacity unless proved otherwise.
  • Do not treat people as incapable of making a decision unless you have tried all you can to help them.
  • Do not treat someone as incapable of making a decision because their decision may seem unwise.
  • Do things or, take decisions for people without capacity in their best interests.
  • Before doing something to someone or making a decision on their behalf, consider whether you could achieve the outcome in a less restrictive way.