What are the 5 key principles of the Mental Capacity Act?
The
Mental Capacity
Mental capacity means being able to make a decision when it needs to be made.
Act is an important
law
Laws are the rules that everyone in the country has to follow. If you don't follow the rules you can get in trouble with the police.
that affects every adult in England and Wales.
The Mental Capacity Act provides 5 statutory principles that are designed to empower and protect Protect means keeping someone or something safe. people who are vulnerable Being vulnerable means being at risk of harm, or that you need special care because of your age or disability. .
1. Presumption of capacity
Every adult in England and Wales has the right to make their own decisions and must be assumed to have capacity to do so, unless it is proved otherwise.
This means that someone cannot assume that an individual can't make a decision for themselves just because they have a particular medical condition or disability.
2. Support to make decisions
A person must be given all practical help possible, like:
accessible
Accessible means something is easy for people to use or join in with. For example: Accessible writing means the writing is easy to read and understand.
information,
Easy Read
Easy Read is a way of making written information easier to understand. Pictures are usually added next to the writing.
guides, or tools to be able to make a decision themselves, before being deemed unable to do so.
This means every effort should be made to support someone to understand and make a decision for themselves.
If lack of capacity is decided, it is still important to involve the person as much as possible in making decisions.
3. Unwise decisions
A person shouldn't be treated as lacking capacity just because they make a decision that other people consider unwise or risky.
Everyone has their own preferences and values Values are the things that are important to you. Mencap's values are being passionate, inclusive, brave, positive, and kind. , which might not be the same as other people.
4. Best interests
If there is any decision made or action taken, on behalf of a person who lacks capacity - it must be done in their best interests.
5. Less restrictive options
Before an action or decision is made on someone's behalf, it must be considered whether the goal can be met in a way that is less restrictive of their rights Rights are the things everyone should be allowed to do like have a say, or go to school. and freedoms.
The least impact on a person’s rights and freedoms of action, or whether there is a need to decide or act at all, should always be considered in the particular circumstances of the case.
The Mental Capacity Act?
The ‘Mental Capacity Act’ is an important law for people with a learning disability A learning disability is to do with the way someone's brain works. It makes it harder for someone to learn, understand or do things. .
In this video, Johnny from our Learning Disability Helpline explains why.