A physical or mental health condition or.The purpose of principle 1 in practice is to prevent you from jumping to any conclusions about a person's ability to make a decision, or act for them self on the sole basis of: Applying Principle 1: The Presumption of Capacity The purpose of principle 1 This guidance will support you to apply all 3 principles into practice when supporting people to make their own decisions.Ģ. This does not automatically mean they lack capacity and they should not be treated as such. People have the right to make a decision that others would see as 'unwise'. No conclusion should be made that a person lacks capacity to make a decision unless all practicable steps have been taken to try and help them make a decision for themselves.Ī person is not to be treated as unable to make a decision merely because he makes an unwise decision. People should be supported to help them make their own decisions. Practitioners and carers must assume that a person has capacity to make a particular decision at a point in time unless it can be established that they do not.Ī person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success. All of the principles must be applied at all times Ī person must be assumed to have capacity unless it is established that they lack capacity.Įvery person from the age of 16 has a right to make their own decisions if they have the capacity to do so. The first 3 statutory principles of the Act set out how you must support people to make their own decision. Has been assessed as having capacity to make the decision through a Mental Capacity assessment.Is assumed to have capacity to make the decision or.This guidance should be used when providing support to a person who: Providing support to people to enable them to make their own decision.Allowing people who can make their own decision to do so or.One of the main functions of the Mental Capacity Act is to protect the autonomy of people who have capacity to make their own decisions.
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