Decision making and your rights

Your right to make decisions about your own life is protected by a law called the Mental Capacity Act 2005.

Having mental capacity means you are able to make your own decisions.

The Act also says how decisions can be made for people who lack capacity.

People lack capacity if they are not able to make a decision about their lives at the time when the decision needs to be made.

There are five main points in the Mental Capacity Act.

1. People should always believe you have the capacity to make your own decisions, unless a mental capacity assessment shows that you don’t.

2. You must be supported to make as many of your own decisions as you can. People must try lots of different ways to help you make your own decisions.

3. If you make a bad decision about your life, it doesn’t mean you lack capacity.

4. If you lack capacity to make a decision, the person who makes the decision about your life must make the best decision for you.

5. If you lack capacity to make a decision, any decisions made about your life must not limit you or take away your basic human rights.

Your human rights