Command Palette

Search for a command to run...

Clinical Knowledge

Mental Capacity & Consent

The Mental Capacity Act 2005 provides a legal framework for making decisions on behalf of people who may lack the capacity to make specific decisions for themselves. Understanding these principles is essential to delivering lawful, person-centred care.

The Five Principles of the MCA 2005

  • Assume capacity — Every adult has the right to make their own decisions and must be assumed to have capacity unless proven otherwise
  • Support decision-making — Before concluding someone lacks capacity, take all practicable steps to help them make the decision themselves
  • Unwise decisions do not mean incapacity — A person has the right to make decisions others may consider unwise. This alone does not mean they lack capacity
  • Best interest decisions — Any decision made on behalf of someone who lacks capacity must be made in their best interests
  • Least restrictive option — Any intervention must be the least restrictive of the person's rights and freedoms

Assessing Capacity

Capacity is decision-specific and time-specific. A person may have capacity to make one decision but not another. A capacity assessment considers whether the person can understand the information relevant to the decision, retain that information, use or weigh that information as part of the decision-making process, and communicate their decision.

Best Interest Checklist

Consent and Documentation

Consent must be informed, voluntary, and given by someone with the capacity to do so. Record all capacity assessments and best interest decisions clearly in the care records. If you are unsure about a client's capacity to consent to any aspect of their care, speak to your manager or the clinical team immediately.

Your Role

As a care worker, you are not expected to carry out formal capacity assessments — but you are expected to understand the principles, recognise when capacity may be an issue, and escalate concerns appropriately. Always document what you observe and report any changes in a client's ability to make decisions.

Test Your Knowledge

Take a short quiz to check your understanding of this section.

Start Quiz

©2026 First Choice Healthcare — Carer Handbook

Made with for our carers