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Principles of the Mental Capacity Act 2005

If you are appointed as an attorney under a lasting power of attorney, or you are appointed as a Deputy by the Court of Protection, you must act according to the five statutory principles of the Mental Capacity Act 2005.

The Five Principles of The Mental Capacity Act 2005

Your attorneys or deputy cannot do whatever they like. They must follow the principles of the Mental Capacity Act 2005. Guidance about these principles is in the Mental Capacity Act Code of Practice. For ease of reading we have used ’attorneys’ in the text below, but the same principles apply to Deputy’s.

1. Your attorneys must assume that you can make your own decisions unless they establish that you cannot do so.
2. Your attorneys must help you to make as many of your own decisions as you can. They cannot treat you as unable to make the decision in question unless all practicable steps to help you to do so have been made without success.
3. Your attorneys must not treat you as unable to make the decision in question simply because you make an unwise decision.
4. Your attorneys must make decisions and act in your best interests when you are unable to make the decision in question.
5 Before your attorneys make the decision in question or act for you, they must consider whether they can make the decision or act in a way that is less restrictive of your rights and freedom but still achieves the purpose.

Your Best Interests

Your attorneys must act in your best interests in making decisions for you when you are unable to make the decision yourself. They must take into account all the relevant circumstances. This includes, if appropriate, consulting you and others who are interested in your welfare. Any guidance you add may assist your attorneys in identifying your views.

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