Understanding the Mental Capacity Act

The Mental Capacity Act is a law that helps individuals make decisions, whether big or small. This page explains the key principles of the Act and how it ensures people have the support they need to make their own choices.

The Mental Capacity Act: Supporting People in Making Choices

The Mental Capacity Act is a law designed to support individuals in making decisions about their lives. Some people can make all their own decisions, while others may only be able to make some decisions or require help with every choice they face. These decisions can range from significant choices, like deciding whether to visit the doctor when feeling unwell, to everyday decisions, like what clothes to wear.

The Act provides a framework to help people make these decisions. It includes five key principles:

1. Assume that everyone can make their own decisions

The law assumes that all individuals have the capacity to make decisions unless proven otherwise.

2. Provide support for those who need help with decision-making

If someone needs assistance to make a decision, it’s important to help them in the best way possible.

3. Respect people’s decisions, even if you disagree

If an individual is capable of making their own decisions, their choice must be respected, even if others disagree with it.

4. Act in the person’s best interest

If you are helping someone make a decision, it is your duty to act in their best interests.

5. Freedom should not be restricted unnecessarily

People should not have their freedom taken away when making decisions about their life, unless it’s absolutely necessary for their well-being.