19. Capacity issues.

Under the Mental Capacity Act 2005 a person is presumed to have capacity unless it is established otherwise1 but is not to be treated as unable to make a decision merely because he makes an unwise decision2. Nor is he to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success3.

The above principles reflect the common law approach4 whereby every person is presumed to have the capacity to consent to or to refuse medical treatment unless and until that presumption is rebutted5. The graver the consequences