The MCA sets out five principles which must be considered whenever asituation arises which might involve the question of a person’s capacity:
- People should be supported as much as possible to make theirown decisions. Some people will be able to look after their money,but may need help either to understand some of the decisions theyneed to make about how to spend it, or to communicate thesedecisions with others. This might include helping to explain thingsin simple language, or ‘easy read’ words and pictures, choosing atime when the person is more alert or relaxed to explain what mightbe involved in the decision, or explaining to others what the personmight mean when they find talking difficult.
- Everyone has the right to make a decision that may seem unwiseto others, and the fact that they do so does not mean that they lackcapacity. We all have different priorities when it comes to choosinghow to spend our money. Some people may think that saving up fora holiday is important, whilst others would rather go out for a drinkor meal with friends. Just because someone chooses to spend theirmoney in a way which may seem unwise to you does not mean thatthey do not have the capacity to make those sorts of decisions.
- Anything which you may do for, or on behalf of someone who doeslack capacity must be in their best interests. Best interest decisionsabout a person’s own money can only be made if there is a legalauthority to do this. The person would need an appointee, attorneyor deputy.
- Before anything is done for or on behalf of someone who lackscapacity, there must be consideration of what would offer leastrestrictions on their rights and freedom.