C1Part 1Persons who lack capacity

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The principles

I11The principles

1

The following principles apply for the purposes of this Act.

2

A person must be assumed to have capacity unless it is established that he lacks capacity.

3

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

4

A person is not to be treated as unable to make a decision merely because he makes an unwise decision.

5

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 his best interests.

6

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 as effectively achieved in a way that is less restrictive of the person's rights and freedom of action.