MCA helping people with decision-making

The MCA focuses on an individual’s right to make their own decisions, and assumes that a person has the capacity to make the decision (principle 1).  Every effort must be taken to encourage and support the person to make the decision for themselves (principle 2).  The MCA says that before anyone acts on behalf of someone who lacks capacity they must be able to demonstrate that the person lacks capacity.

To assist in answering the question of whether the person has capacity, you will need to check the following:

Video case studies

Mental Capacity Act making 'best interests' decisions moving home

Khurrum is 19 and has severe learning disabilities. His key worker is Julia and his social worker is Saleema. Khurrum is unable to make the decision about whether to move to a residential care home for himself, so Julia and Saleema discuss his best interests in relation to this. The video demonstrates the importance of consultation in best interests decision-making.

Mental Capacity Act: respecting the right to make 'unwise' decisions

The context of this case study is whether Raymond, a man in his 80s recently diagnosed with dementia, has the capacity to make a decision about spending £50 on lottery tickets. Wendy, who visits daily and provides support to Raymond, decides that Raymond has capacity to make what others might think an ‘unwise decision'. While supporting Raymond to make his own independent decision, Wendy records the decision to comply both with the MCA and good record-keeping practice.