1. Every adult over the age of 16 years has a right to be treated and cared for with dignity and respect.

Right to autonomy

Every adult over the age of 16 years:

2. shall be presumed to have the legal capacity to make decisions for themselves, unless a proper assessment shows that they lack the capacity to make a specific decision at a specific time.

3. has the right to make decisions that others may think are unwise and shall not be presumed to lack capacity because of this.

4. has the right to make decisions that are free from undue interference or persuasion.

Right to help and support

5. Every adult over the age of 16 years shall receive all appropriate help and support to make their own decisions and shall not be treated as being unable to do so until all appropriate steps have been taken, without success.

Right to participate

6. Every adult over the age of 16 years shall receive all appropriate help and support to enable them, wherever possible, to participate in the decision making process.

Right to protection from harm

7. Every adult over the age of 16 years who, through reduced capacity or lack of capacity is unable to protect themselves, has a right to receive protection from harm.

Best interests

8. Every adult over the age of 16 years has a right to their views and wishes, and the views of appropriate third parties, to be taken into account when making any decision or doing any act in that person’s best interests, in accordance with the best interests’ checklist.

Rights, freedoms and liberty

9. Any decision made or act done for every adult over the age of 16 years who lacks or has reduced capacity shall be the least restrictive in terms of their basic rights and freedom of action.

10. A person shall not be unlawfully deprived of their liberty.

Advocates

11. Every adult over the age of 16 years who lacks or has reduced capacity and who has no appropriate person to speak on their behalf, has a right to be represented by an Independent Mental Capacity Advocate.