In the Absence of a Living Will

The Mental Capacity Act of 2005 became effective in 2007 in England and Wales, its main objective was to provide a framework to assist people aged 16years and over who did not have the full mental capacity to make certain decisions about what treatment they would like to pursue. The Act enables people to appoint a Lasting Power of Attorney (a person who is appointed to make decisions on behalf of the individual) or to make a living a will, both of which will the be respected by all health care professionals.

Where a person lacks the capacity to make decisions the Act will provide a framework to assist with issues relating to shelter, health and personal care. Principles of the Mental Capacity Act 2005 The Act is underpinned by five key principles:

A presumption of capacity: every adult has the right to make his or her own decisions and must be assumed to have capacity to do so unless it is proved otherwise.

The right for individuals to be supported to make their own decisions: people must be given all appropriate help before anyone concludes that they cannot make their own decisions.

That individuals must retain the right to make what might be seen as eccentric or unwise decisions.

Best interests: anything done for or on behalf of people without capacity must be in their best interests.

Least restrictive intervention: anything done for or on behalf of people without capacity should be the least restrictive of their basic rights and freedoms.

The full Mental Capacity Act 2005 can be viewed: www.opsi.gov.uk

Download the Living Wills PDF Guide here - see our other free PDF guides here

Guide Contents

Living Wills
Writing a Living Will
In the absence of a living will
Frequently asked questions about Living Wills
Further help and guidance about Living Wills

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