Question 9 Unless correctly established otherwise: A. Every individual should be presumed to lack capacity B. People receiving a social care service should be presumed to lack capacity C. Every individual should be presumed to have capacity D. People receiving a social care service should be expected to lack capacity

Question

Question 9 Unless correctly established otherwise: A. Every individual should be presumed to lack capacity B. People receiving a social care service should be presumed to lack capacity C. Every individual should be presumed to have capacity D. People receiving a social care service should be expected to lack capacity

Answer 1

This is a legal principle stating that every individual, in regards to mental and legal capability, should be seen as having capacity unless it is adequately established otherwise. The principle essentially elucidates on the notion of presumption of capacity which is an underlying facet in mental capacity laws. The right answer describes the given principle, that is, the individual should be presumed to have the ability to make decisions, able to understand and remember each decision, unless proven otherwise.

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