All Health and Social Care staff involved in your care and treatment have a legal duty to have regard to the Mental Capacity Act 2005 Code of Practice. This gives them guidance on how to use the Mental Capacity Act and apply the following five principles to support you in your health and welfare decisions:
Principle 1: A person must be presumed to have capacity
“I have the right and the ability to make my own decisions about my health and welfare. Please provide relevant information about the decision that needs to be made and I will make my choice.”
Principle 2: Individuals must be supported to make their decisions
“Please support me by all means possible to make my own decisions about my health and welfare. Be aware of my communication, language and cultural needs and do provide me with clear information to support what you are discussing with me as this will help me to understand the decision I need to make. We all receive and interpret information differently – please take time to explain all options to me so that I fully understand the choices I have about my health care, medical treatment and social care.”
Principle 3: A person should not be treated as unable to make a decision because they make an unwise decision
“I may sometimes make decisions that you consider unwise. Please take time to ensure that I clearly understand the risks involved. However, if I do not choose the option you recommend for me, or you think I’ve made the wrong decision, it doesn’t mean that I do not understand the risks I am taking or that I lack capacity. Please respect the choices I make.”
Principle 4: Any decisions that are made for a person lacking capacity must be done in their best interests taking into account their wishes, values and beliefs
“If I can’t make a specific decision for myself about my health or welfare because of illness, injury or disability, please consult the people who know me well and care about my well being. These could be my family, carers and friends. If I have a Power of Attorney or Court Appointed Deputy, it is important that they are involved because of their responsibilities with decision making. If I haven’t any close family or friends, please remember that I may need an Independent Mental Capacity Advocate (IMCA). Please ensure you use the checklist so that my wishes, values and beliefs are taken on board in making the health and welfare decisions that need to be made in my best interests.”
Principle 5: In making best interest decisions aim for the option that is less restrictive of the person’s rights.
“When making best interest decisions about my health and welfare, please consider all possibilities to ensure that you choose the least restrictive options for me so that my human rights, my freedom for choice, my dignity and my safety is maintained.”
