The concept of mental capacity

Key Learning Points

  • An assessment that a person has capacity to make a specific decision, means there is a responsibility to respect the person’s decision, even if apparently unwise and deeply contrary to the values of the assessor.  
  • An assessment that a person lacks capacity to make a specific decision means there is a responsibility to make the decision in their best interests.  
  • This section discussed how to apply the law to decide whether a person has capacity, guided by the principles of the MCA 2005