Unwise Decisions

Man with learning disability getting married

What is the protection imperative, and how does it relate to Mental Capacity?

2 March 202621 February 2026
Mental Capacity in Practice

In Mental Capacity case law, we often encounter judgements that warn us against the ‘protection imperative’ or adopting a ‘paternalistic approach’ when it comes to supporting vulnerable people. But what do these phrases really mean?

In this blog, we look at the broad definitions of the protection imperative and the paternalistic approach, providing examples of cases that explain these terms in context, and how they apply to professional practice.

Elderly man walking through city using two walking sticks to support his mobility.

Case study: The right to make an unwise decision

10 July 20238 July 2023
Case Study, Mental Capacity in Practice

The Mental Capacity Act (2005) was designed to help protect the rights of some of society’s most vulnerable people. One of the most frequently overlooked elements of the Act is principle #3: the right to make what others may perceive to be an unwise decision.

Assessing capacity around unfamiliar topics

5 June 20237 August 2023
Mental Capacity in Practice

There are many elements of daily life that we don’t learn about until we reach certain stages of our lives or have greater levels of independence in our everyday lives. For example, on first moving away from a parents or caregivers home, a whole new world of experiences and responsibilities will suddenly occur. This can be anything from how to change a lightbulb or put up a shelf, to how to organise a loan or buy a car.