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MCA Unwise Decision — MRCPsych Paper B MCQ

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EasyMental Health LawMCA Unwise DecisionMRCPsych Paper B

Under the Mental Capacity Act 2005, which provision states that a person must not be treated as unable to make a decision merely because they make an unwise decision?

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Correct answer: ASection 1(4)

Section 1(4) of the Mental Capacity Act 2005 contains the unwise-decision principle: a person must not be treated as unable to make a decision merely because the decision appears unwise. Capacity concerns the person's decision-making abilities, including understanding, retaining, using or weighing relevant information, and communicating the decision—not whether clinicians agree with its outcome. Section 1(1) introduces the Act's statutory principles but does not state this specific principle. Section 3 defines inability to make a decision. Section 4 sets out the best-interests framework for decisions made on behalf of a person who lacks capacity. Section 5 provides protection from liability for certain acts connected with care or treatment when its requirements are met.

Reference: Department for Constitutional Affairs, Mental Capacity Act 2005 Code of Practice, Chapter 2, principle 3 and paragraph 2.10, 2007. https://www.legislation.gov.uk/ukpga/2005/9/pdfs/ukpgacop_20050009_en.pdf