The Mental Capacity Act 2005 provides a statutory framework to empower and protect vulnerable people who are not able to make their own decisions.  It makes it clear who can take decisions, in which situations, and how they should go about this.  It enables people to plan ahead for a time when they may lose capacity.

Guidance on the Act is provided in a Code of Practice (see 'Related Links').  People who are placed under a duty to have regard to the Code include those working in a professional capacity e.g. doctors and social workers.

The whole Act is underpinned by a set of five key principles:

1. A presumption of capacity - every adult has the right to make his or her own decisions and must be assumed to have capacity to do so unless it is proved otherwise;
2. The right for individuals to be supported to make their own decisions - people must be given all appropriate help before anyone concludes that they cannot make their own decisions;
3. That individuals must retain the right to make what might be seen as eccentric or unwise decisions;
4. Best interests – anything done for or on behalf of people without capacity must be in their best interests; and
5. Least restrictive intervention – anything done for or on behalf of people without capacity should be the least restrictive of their basic rights and freedoms.

These five key principles can be found in Section 1 of the Act.

For further information about the Act and Wakefield's policy please see the links below.

[Thank you to Calderdale Council for the use of this material.]