8Principles of decision-making capacity

8 Principles of decision-making capacity (1) In considering a person’s decision-making capacity under this Act, the following principles must be taken into account: (a) a person’s decision-making capacity is particular to the decision that the person is to make; (b) a person must be assumed to have decision-making capacity, unless it is established that the person does not have decision-making capacity; (c) a person who does not have decision-making capacity must always be supported to make decisions about the person’s treatment, care or support to the best of the person’s ability; (d) a person must not be treated as not having decision-making capacity unless all practicable steps to assist the person to make decisions have been taken;

(e) a person must not be treated as not having decision-making capacity only because— (i) the person makes an unwise decision; or (ii) the person has impaired decision-making capacity under another Act, or in relation to another decision; (f) a person must not be treated as having decision-making capacity to consent to the provision of treatment, care or support only because the person complies with the provision of the treatment, care or support; (g) a person who moves between having and not having decision-making capacity must, if reasonably practicable, be given the opportunity to consider matters requiring a decision at a time when the person has decision-making capacity. (2) A person’s decision-making capacity must always be taken into account in deciding treatment, care or support, unless this Act expressly provides otherwise. (3) An act done, or decision made, under this Act for a person who does not have decision-making capacity must be done in the person’s best interests. (4) In considering a person’s decision-making capacity under this Act, any approved code of practice under section 198 must be taken into account.