Which principle is central to the Mental Capacity Act 2005?

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The principle central to the Mental Capacity Act 2005 is the presumption of capacity. This means that individuals are assumed to have the mental capacity to make their own decisions unless it is established that they lack that capacity. This approach promotes autonomy and empowers individuals, reinforcing the idea that capacity should not be presumed absent simply because a person has a particular condition or disability.

The presumption of capacity encourages support for individuals to make decisions and ensures that their rights and freedoms are respected. The act emphasizes that people must be supported in making a decision where possible, and this aligns with the broader framework of human rights in health and social care, stressing that everyone is entitled to make choices about their own lives.

In contrast, options like assuming a lack of capacity or mandatory decision-making support do not align with the act's fundamental principles, as they could undermine an individual's autonomy. Likewise, the immediate involvement of legal representatives would not be necessary unless a person is determined to lack the capacity to make specific decisions.

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