601. General principles.

(2)     Persons Lacking Capacity under the Mental Capacity Act 2005

(i)     Persons Who Lack Capacity

601.     General principles.

The following principles apply for the purposes of the Mental Capacity Act 20051:

  1.  

    (1)     a person must be assumed to have capacity unless it is established that he lacks capacity2;

  2.  

    (2)     a person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success3;

  3.  

    (3)     a person is not to be treated as unable to make a decision merely because he makes