What does the Mental Capacity Act 2005 aim to do?

The Mental Capacity Act 2005 primarily aims to protect individuals who may lack the mental capacity to make their own decisions regarding their care and treatment. This legislation is designed to ensure that whenever possible, people are involved in decisions that affect their lives. It provides a framework for assessing mental capacity, making decisions in the best interests of individuals who cannot do so themselves, and ensuring that their rights and freedoms are protected.

This focus on protecting those who cannot make decisions for themselves is essential in healthcare and social care settings, where respect for patient autonomy is paramount. It mandates that care professionals consider the person's needs and the least restrictive options while ensuring their welfare and best interests.

While the act includes provisions for assessing mental capacity, that aspect supports its primary goal of protection rather than being the main aim itself. Protection of minors from legal actions and facilitating invasive procedures do not align with the core intent of the Mental Capacity Act, which is centered on safeguarding individuals who may be vulnerable due to capacity issues.