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What are the 5 principles of the Mental Capacity Act 2005?

How do you decide if someone has capacity?

  1. Someone always has capacity until it’s proven otherwise
  2. ‘[…] All practical steps to help’ someone make a decision must be tried before saying that a person does not have capacity
  3. Unwise does not mean unable to decide
  4. Any decision made for a person without capacity must be ‘in his best interests’
  5. Any decision that must be made on the person’s behalf must be the least ‘restrictive of the person’s rights and freedom of action’

Crown Copyright (2005) Mental Capacity Act 2005, Available Online:


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