Part 1: Principles
The Act provides various methods of intervening (that is, taking decisions or action) on behalf of an adult. Interventions can cover property and financial affairs, or personal welfare matters, including healthcare. When deciding whether to intervene you must always apply the following principles:
- Your intervention must be necessary and must benefit the adult;
- Your intervention must be the minimum necessary to achieve the purpose;
- You must take account of the adult's present and past wishes and feelings (and you must try every possible means of communicating with the adult to find out what these are);
- You must take into account the views of the adult's nearest relative and primary carer, and of any other person with powers to intervene in the adult's affairs or personal welfare, or with an interest in the adult, so far as it is reasonable and practicable to do so;
- You must encourage the adult to use any skills he or she has.
You should also consider whether it would be possible to intervene without using the Act.
Part 1 of the Adults with Incapacity Act - General - covering principles & operation