THE MENTAL CAPACITY ACT 2005 AND ITS PRINCIPLES The Mental Capacity Act 2005 (MCA) came into force on 1st October 2007. It aims to protect people who lack mental capacity to make decisions regarding their financial and personal affairs. Persons appointed to assist in the management of such mentally incapacitated persons finances or personal welfare e.g. Deputies (including former Receivers and Attorneys) must comply with the Act and its code of practice. In order to comply with the MCA you must have regard to the following five principles. 1. All adults have the right to make their own decisions unless it can be shown that they are unable to make them. It must not be assumed that someone cannot make their own decisions because they have a particular medical condition or disability or because of their age or appearance. 2. Everyone should be helped and supported to make a decision before it is concluded that they are unable to make the particular decision themselves. Every effort must be made to provide all the relevant information in a way that the person can understand taking into account the person’s disabilities. 3. You must recognise that a person is allowed to make what you might think to be an unwise or eccentric decision. 4. You must ensure that any action taken or decision made is in the best interests of the person lacking mental capacity after considering first what is known about their preferences, beliefs and values. 5. You must ensure that the person lacking mental capacity is not unnecessarily restricted. When making a decision or taking action you must consider whether it is possible to do this in a way which would interfere less with the person’s freedom and rights. If you require any advice or assistance regarding the MCA or your role in managing a mentally incapacitated person’s finances and/or personal welfare then please contact Karen Law on 01943 885103. Karen is a Solicitor with a detailed knowledge of the law regarding mental capacity and is a member of the Leeds Safeguarding Adults Committee and a Trustee of Age Concern Leeds.