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The principles

The decision maker must firstly consider the principles as set out in section 1 of the Mental Capacity act 2005 (MCA 2005), namely:

1. •

   the vulnerable person (P) must be assumed to have capacity unless it is established that P lacks capacity

2. •

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

3. •

   P is not to be treated as unable to make a decision merely because P makes an unwise decision

4. •

   an act done, or decision made, under MCA 2005 for or on behalf of a person who lacks capacity must be done, or made, in their best interests

5. •

   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 effectively achieved in a way that is less restrictive of P's rights and freedom of action

The first three principles above exist