When acting in my role as an Attorney, what do I need to consider?
In this role you have important duties and responsibilities, which are set out in the Mental Capacity Act 2005 and explained in the Code of Practice, with which you should be familiar. This can be accessed from the website of the Ministry of Justice: www.dca.gov.uk/legal‐policy/mental‐capacity/publication.htm or a hard copy obtained from calling 0870 600 5522 or order from email@example.com
The following are particularly important:
You must follow the principles set out in section 1 of the Act:
It should be assumed that everyone has capacity to make his or her own decisions, unless it is proved otherwise.
A person should have all the help and support possible to make and communicate their own decision before anyone concludes that they lack capacity to make their own decision.
A person should not be treated as lacking capacity just because they make an unwise decision.
Actions or decisions carried out on behalf of someone who lacks capacity must be in their own best interests.
Actions or decisions carried out on behalf of someone who lacks capacity should limit their rights and freedom of action as little as possible.