Mental Capacity Act 2005

Capacity, Consent and Decision Making

The consideration of capacity is crucial at all stages of Safeguarding Adults procedures. For example, determining the ability of a vulnerable adult, to make lifestyle choices, such as choosing to remain in a situation where they risk abuse; determining whether a particular act or transaction is abusive, or consensual; or determining how much a vulnerable adult can be involved in making decisions in a given situation.

The key development affecting this area of work is the implementation of the Mental Capacity Act 2005, which provides a statutory framework to empower and protect vulnerable people, who may not be 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.

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.
  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

Please visit  http://www.direct.gov.uk/en/Governmentcitizensandrights/Mentalcapacityandthelaw/Makingdecisionsforsomeoneelse/DG_186479
or more comprehensive information on MCA. You can also download the MCA Code of Practice from here.

Also use this link  http://www.communitycare.co.uk/static-pages/articles/guide-to-mental-capacity-assessments/ to find a quick guide for mental capacity assessment.