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Definition in primary legislation
of
Practicable steps
from
Mental Capacity Act 2005, S.1
1 The principles
(1) The following principles apply for the purposes of this Act.
(3) A person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success.
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Definition
of
Practicable steps
from
NICE Guideline NG108 - Decision-making and mental capacity
'Practicable steps' links to principle 2 of the Mental Capacity Act (and Chapter 3 of the Mental Capacity Act Code of Practice), which states that 'all practicable steps' should be taken to help a person make a decision before being treated as though they are unable to make the decision. There are obvious steps a person might take, proportionate to the urgency, type and importance of the decision including the use of specific types of communication equipment or types of languages such as Makaton or the use of specialist services, such as a speech and language therapist or clinical psychologist. Practicable steps could also involve ensuring the best environment in which people are expected to make often life-changing decisions - for example giving them privacy and peace and quiet, or ensuring they have a family member or other trusted person to provide support during decision-making, if this is their wish.
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