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In force2020 Revised Edition

Part 2 · Persons Who Lack Capacity

3. Principles

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In plain English

A person is assumed to have capacity unless shown otherwise. A person is not treated as unable to decide until all practicable help has failed. An unwise decision alone does not make a person unable to decide. Anything done for a person who lacks capacity must be in their best interests. Less restrictive options must be considered first.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

(1)

The following principles apply for the purposes of this Act.

(2)

A person must be assumed to have capacity unless it is established that the person lacks capacity.

(3)

A person is not to be treated as unable to make a decision unless all practicable steps to help the person to do so have been taken without success.

(4)

A person is not to be treated as unable to make a decision merely because the person makes an unwise decision.

(5)

An act done, or a decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in the person’s best interests.

(6)

Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person’s rights and freedom of action.

Report

Part 3

Acts in Connection with Care or Treatment

Part 3A

Electronic Transaction System*

Part 4

Lasting Powers of Attorney

Part 5

General Powers of Court and Appointment of Deputies

Part 6

Excluded Decisions and Declaratory Provisions

Part 7

Public Guardian and Board of Visitors

Part 8

Supplementary Powers, Practice and Procedure of Court

Part 9

Miscellaneous

Schedules