MENTAL CAPACITY ACT 2005
LITIGATION CAPACITY IN CARE CASES
The Mental Capacity Act 2005 (MCA 2005) came into force on 1 October 2007. It establishes a statutory test by which an adult’s capacity is to be measured.
MCA 2005, s 1 sets out a number of principles which can be summarised as follows.
A person mus t be a ssumed to have capacity unless it is established that he lacks capacity.
A 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.
A person is not to be treated as unable to make a decision merely because he makes an unwise decision.
An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests.
Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be effectively achieved in a way that is less restrictive
