Mental Health Act 2015

In considering a person’s decision-making capacity under this Act, the following principles must be taken into account:

a person’s decision-making capacity is particular to the decision that the person is to make;

a person must be assumed to have decision-making capacity, unless it is established that the person does not have decision‑making capacity;

a person who does not have decision-making capacity must always be supported to make decisions about the person’s treatment, care or support to the best of the person’s ability;

a person must not be treated as not having decision‑making capacity unless all practicable steps to assist the person to make decisions have been taken;

a person must not be treated as not having decision‑making capacity only because—

the person makes an unwise decision; or

the person has impaired decision-making capacity under another Act, or in relation to another decision;

a person must not be treated as having decision-making capacity to consent to the provision of treatment, care or support only because the person complies with the provision of the treatment, care or support;

a person who moves between having and not having decision‑making capacity must, if reasonably practicable, be given the opportunity to consider matters requiring a decision at a time when the person has decision-making capacity.

A person’s decision‑making capacity must always be taken into account in deciding treatment, care or support, unless this Act expressly provides otherwise.

An act done, or decision made, under this Act for a person who does not have decision-making capacity must be done in the person’s best interests.

In considering a person’s decision‑making capacity under this Act, any approved code of practice under section 198 must be taken into account.