The mental capacity act 2005

Question 1

what is it

Answer 1

Capacity’ is the abilty to make a decision. This act provides a legal framework setting out key principles,procedures and safeguards to protect and empower those who are unable to make some of their own divisions.this could include people with learning difficulties ,dementia,mental health problems and stokes or head injuries

Question 2

principle 1

Answer 2

A presumption of capacity – unless proved otherwise

Question 3

principles 2

Answer 3

Support to make decisions – a person must be given this before having their decisions made for them

Question 4

principles 3

Answer 4

Unwise decisions – people cannot be treated as lacking capacity for thinking differently or making what others think are unwise decisions

Question 5

principle 4

Answer 5

Best interests – actions or decisions made on behalf of individuals who lack capacity must be done in their best interest

Question 6

principle 5

Answer 6

Less restrictive option- anything done for a person who lacks capacity should be least restrictive of their basic rights and freedoms (e.g. accompany someone who lacks capacity on a trip to the shops rather than preventing them going shopping)