Core Principles - MCA

August 1, 2017

Steve lectures on the subject of the Mental Capacity Act and will illustrate how each brick of the legislation constucts together to assist people. The brain can move so the mind can change. 

 

The Mental Capacity Act sets out five statutory principles or core values that underpin the legal requirements of the Act. Will Writers should know these and comply with this legislation.

 

The Mental Capacity Act is designed and intended to be enabling and supportive of people who lack capacity, not restricting or controlling their lives. The aim is to protect people who lack capacity to make specific decisions, but maximise their ability to make decisions or to participate in decision making, as far as they are able to.

The five statutory principles are:

  • A person must be assumed to have capacity unless it is established that they lack 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 act done or decision made under the Act for or on behalf of a person who lacks capacity must be done or made in his or her best interests.

  • Before the act is done or the decision 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 of the person’s rights and freedom of action.

Every adult has the right to make their own decisions if they have the capacity to do so. In fact when making a Will, the Will draftsman must be satisfied the person has the capacity to do so. When acting as a Certificate Provider in relation to Lasting Powers of Attorney the provider must be satisfied the donor has capacity.

 

 

 

For more information please contact Steve on 07854 585 585 or by email info@eagleestateplanning.co.uk  

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Located in Heage, Derbyshire
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