title: The mental capacity act.
abstract: The legislation makes it clear that capacity is decision and time specific. It is not something that one either has or has not. If a person lacks capacity, the intervention must be the least restrictive option. Within my role I am often faced with questions about the risks associated with discharging older people with dementia home from hospital. Referrals often assume lack of capacity in the presence of memory loss and assume that lack of capacity inevitably suggests the need for 24-hour care. I frequently find that I have to advocate for the person's right to return home, as the least restrictive option, even if they do lack capacity. I fear that those who seek to protect people they perceive as vulnerable may miss this crucial right within the legislation.