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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:

  • dementia
  • learning disabilities
  • mental health problems
  • stroke
  • 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)
  • the influence of alcohol or drugs affects their ability to make a decision

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:

  • property and affairs
  • healthcare treatment
  • where the person lives
  • everyday decisions about personal care

The (GOV.UK) includes:

  • a summary with key information about the act
  • some of the changes that have happened due to it coming into effect
  • the code of practice which provides guidance on how the act works on a day-to-day basis
  • case studies

For resources to support practice see .

The Mental Capacity Act Deprivation of Liberty Safeguards (DoLS)

The applies to anyone aged 18 and over who:

  • suffers from a mental disorder or disability of the mind. This includes dementia or a profound learning disability and
  • lacks the capacity to give informed consent to the arrangements made for their care and/or treatment
  • are considered that deprivation of liberty (within the meaning of Article 5 of the European Commission for Human Rights), after an independent assessment, would be in their best interests to protect them from harm

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