Mental Capacity Act
The aim of the Mental Capacity Act 2005 is to:
- Help people make decisions about their health and welfare.
- Protect those who may lack the mental capacity to make some decisions.
The act incorporates a code of practice.
This code gives guidance to all staff working in the field of health and social care.
The code makes sure staff work within the requirements of the act.
The act helps those people who do not have the mental capacity to make a decision.
The advice will also be useful to families, friends and carers of those who lack mental capacity.
The act helps people over 16 get help to make their own decisions about the services they receive.
They will receive more protection.
It ensures that decisions made on their behalf are in line with their:
- best interests
- wishes
- desires
- values
The act helps people who have
- A psychiatric illness (dementia)
- A learning disability
- A mental health issue
- A brain injury or stroke
- Confusion, drowsiness or unconsciousness because of an illness or treatment for it
- Been affected by drugs, alcohol or some other substance misuse
The act introduced
- The Independent mental Capacity Advocate
- A new criminal offence of ill treatment or wilful neglect
- The Court of Protection
- The Office of the Public Guardian
- Living Wills
- Lasting Power of Attorney
Unless there is reason to believe an individual lacks capacity, it is assumed everyone has capacity.
The act explains what it means by capacity and how to test capacity.
It also provides a checklist for determining what it means by “best interests”.
The act also protects people who:
- work with someone who lacks capacity
- have to make a decision on behalf of a person that lacks capacity
If the principles of the act are met, no civil or criminal action can be taken against a person who makes decisions on another’s behalf.
Further information can be found in these leaflets
- Making Decisions - About your Health, Welfare and Finance [external link]
- Making Decisions - A Guide for family, friends and other unpaid carers [pdf document]
For more information on the Mental Capacity Act, Lasting Powers of Attorney, how to make an application to the Court of Protection or to register Enduring Power of Attorney, visit the Office of the Public Guardian website [external link].