What does mental capacity mean?
Posted on 21st June 2019 at 16:13
As every Personal Injury Law specialist knows the Mental Capacity Act 2005 sets out five principles to help protect Clients who may struggle to make decisions:
A person must be assumed to have capacity unless it is established that he or she lacks capacity
A person is not to be treated as unable to make a decision unless all practicable steps to help him or her to do so have been taken without success
A person is not to be treated as unable to make a decision merely because he or she makes an unwise decision
An action taken or decision made under this Act for, or on behalf of, a person who lacks capacity must be in his or her best interests
Before an action is taken or a decision made, regard must be had as to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person’s rights and freedom of action