The Mental Capacity Act 2005: Five key principles

Mental capacity means you have ability to make your own decisions.  Sharing with you the five key principles.  This Act protects those who can’t make their own decisions:


  1. A presumption of capacity – every adult has the right to make his or her own decisions and must be assumed to have capacity to do so unless it is proved otherwise.
  2. Supporting individuals to make their own decisions – a person must be given all practicable help before anyone treats them as not being able to make their own decisions.
  3. Unwise decisions – just because an individual makes what might be seen as an unwise decision, they should not be assumed to lack capacity to make that decision.
  4. Best interests – an act done or decision made under the Act, for or on behalf of a person who lacks capacity, must be done in their best interests.
  5. Least restrictive option – anything done for or on behalf of a person who lacks capacity should only be done after considering if there is another option that is less restrictive of their basic rights and freedoms.


Our Private Client team at Owen Kenny are specialists in elderly client matters; our Managing Director, Emily Allchurch, and Head of our Private Client team, says “We pride ourselves on our strong client care ethos providing legal advice in a friendly and professional manner”.  Call us on 01243 532777 or email with your enquiry.