The framework adopts a person-centred approach. The Mental Capacity Act 2005 states that we should assume that people have the mental capacity to make their own decisions.
If someone has the mental capacity to make a decision, when it needs to be made, their choice should take precedence over anyone else’s. This means that sometimes, in practice, you might need to help people to explain the decision that they’ve made to family members who disagree with it or do things that family members disagree with.
This framework explains some of the ways that you can manage these situations, to ensure that the individual is always at the heart of any decisions around working with families, friends and carers.
Where a person lacks the mental capacity to make a decision, you need to work in line with relevant legislation and guidance, including the Mental Capacity Act (2005) Deprivation of Liberty Safeguards (currently under review) and the Human Rights Act.