The Mental Capacity Act (2005)
What is the Mental Capacity Act 2005?
The Mental Capacity Act provides a statutory framework to empower and protect people (generally aged 16 or over) who may lack capacity to make some decisions for themselves. This could include people with:
- learning disabilities
- mental health problems
- head injuries.
Lack of capacity may also be because at the time the decision needs to be made, they are unconscious or barely conscious (due to an accident or being under anaesthetic) or their ability to make a decision may be affected by the influence of alcohol or drugs.
The Act makes it clear who can take decisions, in which situations, and how they should go about this. It enables people to plan ahead for a time when they may lack capacity.
The Act covers major decisions about someone's property and affairs, healthcare treatment and where the person lives, as well as everyday decisions about personal care.
Further information on the Mental Capacity Act (2005)
Further information about Mental Capacity Act: making decisions can be found on the Gov UK website and includes:
- A summary with key information about the Act and sets out some of the changes that have occurred as a result of it coming into effect.
- The code of practice which provides guidance on how the Mental Capacity Act 2005 (Act) works on a day-to-day basis. It also has case studies and explains in more detail what the key features of the law are.
You can also find more information about the Mental Capacity Act on website for the Social Care Institute for Excellence.
A series of information booklets providing introductory information on the Mental Capacity Act are available to download:
- About your health, welfare or finance - who decides when you can't? (PDF)
- A guide for family, friends and other unpaid carers (PDF)
- A guide for people who work in health and social care (PDF)
- A guide for advice workers (PDF)
- The Mental Capacity Act - Easy read (PDF)
- The Independent Mental Capacity Advocate (IMCA) service (PDF)
Files available to download
- OPG Making decisions (PDF)
- OPG making decisions for family and carers (PDF)
- OPG Decision making for professionals (PDF)
- OPG Advice workers (PDF)
- OPG Making decisions easy read (PDF)
- OPG Making decisions, IMCA (PDF)