Mental Capacity Act 2005 - Top Tips

1. Presume capacity; and
2. Support the person to make the decision before doubting their capacity
3. People are entitled to make unwise/eccentric decisions:
   *doubt
4. Best interest decision
5. Less restrictive option

*If capacity is in doubt at this point and the person has a disorder of the mind, no matter how caused, use the 4-point capacity test below.

Can the person:

1. Understand the decision that needs to be made?
2. Retain the information long enough to make that decision?
3. Use/weigh-up the information?
4. Communicate their decision the way they usually communicate?
   Failing any one of the above means the person lacks capacity to make this particular decision at this time. Now a
   ‘Best Interest Decision’ can be made using the MCA Principle 4 checklist below

1. Will the person regain capacity?
2. Involve the person
3. Consult all relevant people
4. Consider all the information
5. Do not make any assumptions
6. Consider past, present & future wishes
7. The less restrictive option