Assume vs Presume Capacity

Mental Capacity Act Principle 1 · Be a Nice Human
⏱3 Minute
Briefing
Core message: assuming capacity is an active, rights-based starting point. It means starting with autonomy, staying curious, and using professional judgement when indicators suggest capacity may be affected.
Assume capacityStart from the position that the person can decide, not that they cannot.
Stay curiousCapacity is decision-specific and time-specific. Agreement alone is not evidence.
Act when neededAssess and evidence reasoning where there is reasonable belief of impairment.
Page 1: Principle 1 in practice
Printable handout
Page 1 of Assume vs Presume Capacity infographic briefing
Page 2: Practice insight and scenarios
Printable handout
Page 2 of Assume vs Presume Capacity infographic briefing

Accessible summary

  • Principle 1 starts with autonomy, not suspicion.
  • Misapplied “presume” can become passive acceptance.
  • Do not ignore signs of impairment or avoid assessment where it is required.
  • Record why you did, or did not, assess capacity for the specific decision.

Practice takeaway

  • Assuming capacity means trusting potential while staying professionally alert.
  • Good practice explores understanding, risks, options and ability to weigh information.
  • Poor practice treats agreement as proof of capacity without analysis.