ABSTRACT
This chapter explores aspects of mental capacity that can present challenges to professionals in practice and discuss legal perspectives that can clarify some of these issues. Research suggests that practitioners can feel unsure about how to apply knowledge of the Mental Capacity Act 2005 in their practice. Someone with a mental impairment who wants to make a “risky” decision will need a capacity assessment. Everyone has the right, under the Act, to make unwise decisions. However, many professionals instinctively feel that such decisions should lead to an assessment of capacity. “Unwise decisions” are often conflated with decisions at odds with a course of action others would prefer. Refusing assistance with personal hygiene, drinking alcohol, smoking or declining treatment are typical examples.
