The Mental Capacity Act 2005 Easy Read

The Mental Capacity Act 2005

A woman leaning her chin on her hand thinking

The Mental Capacity Act says no one should assume a person cannot make decisions for themselves.

People choosing food, activities and where to live.

It says people should have support to make their own decisions about their lives.

A man sitting at a desk.  A doctor is sitting behind the desk looking at the man and writing some notes.

For example, health care staff in hospital should give people information about their treatment in a way they can understand.

A woman thinking about texting and calling a friend with a red cross next to her

The Mental Capacity Act says people are allowed to make unwise decisions.

Unwise means making a bad choice.

A woman looks unwell and confused, holding her head

Someone might lack capacity if they have a learning disability , dementia or a physical health problem, for example.

Lack capacity means someone cannot understand or make their own choice.

An elderly man holds up a piece of paper with tick boxes on it

If someone lacks capacity, other people have a duty to make the decision for them in the person's best interests.

Best interest means doing what is safest, happiest, and right for a person.

Two women sitting facing each other.  One woman is talking, the other one is listening.

The person should still be involved as much as possible in making the decision and the decision must be the less restrictive option.

Less restrictive means giving people the most freedom possible by using very few rules or limits.