Five main principles

The five main principles of the Act are as follows:

1. A person must be assumed to have capacity unless it is established that they lack capacity¹
2.  A person is not to be treated as unable to make a decision unless all practicable steps to help them to do so have been taken without success¹
3. 3A person is not to be treated as unable to make a decision merely because they make an unwise decision¹
4. An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in their best interests¹
5. Before the act is done, or the decision is made, regard must be had 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.¹