The Mental Capacity Act 2005

The Mental Capacity Act 2005 for England and Wales is intended to protect people who may lack the ability to make some decisions for themselves. It also aims to empower people, for example through advance planning.

Provisions for Lasting Power of Attorney and for advance decisions, described below, are outlined in the act. The legislation has five key principles:

• All adults have the right to make their own decisions. The default position is to assume that the person is capable of making choices, until there is evidence to the contrary

• The person must receive all possible help to make their own choices, before it is decided they do not have the capacity to do so

• An individual may make an unwise decision but this in itself does not prove they lack capacity

• Any actions or decisions taken on behalf of a person lacking capacity must be carried out in their best interests 

• Where actions are taken on the person’s behalf, they must place the least possible restriction on their rights and freedom.^{1 2}