Mental Capacity Act 2005
The Mental Capacity Act 2005 came into force on 1 April 2007. It applies to people aged 16 or over who may lack capacity to make some decisions for themselves, eg through illness, disability or injury. The act provides protection and support for people who are in this situation.
The act is there to:
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strengthen and promote the right of people to make their own decisions and to be supported to do so
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protect those who may lack capacity to make particular decisions
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set out in which situations other people can make decisions and act on your behalf if you are unable to do so
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help resolve disputes
The act provides a clearer legal basis for making decisions and in doing so promotes best practice.
It's also important for health and welfare professionals because it sets out a clear legal framework so that there is common understanding of how to care for and treat patients who lack mental capacity.
Planning for the future
The act offers people who have capacity to decide how they
are cared for in the future by introducing new ways for them to
plan ahead for a time when they might lose capacity. People can
make a Lasting Power of Attorney (LPA) appointing someone they
trust who can take financial, welfare or health decisions on their
behalf.
Further guidance
The following documents are in pdf format.
A guide for family, friends and unpaid carers
A guide for people who work in health and
socialcare
A guide for advice workers
Making decisions about your health, welfare or
finance
The Independent Mental Capacity Advocate (IMCA)
Service