Mental Capacity Act 2005
Who Decides When You Can't?
On 1 April 2007, the first part of the Mental Capacity Act 2005
came into force. The Act will protect people who are unable to make
decisions for themselves due to a learning
disability, mental health problems,
brain injury or dementia. The Act will help people to make or
be involved in their own decisions, from what to eat or wear to
more involved decisions such as where to live.
The new law will also help those who want to plan ahead (to make
an advance directive) in case they are unable to make decisions in
the future.
Where a person may lack capacity to make a particular decision,
any decision made on their behalf must be made in the best
interests of the individual. Very often people are helped by
families, friends and carers, however a
doctor or other professional may become more involved if the
decision is more complex, for example if someone needs medical
treatment for a serious condition.
Not everyone has a network of people able to help them decide on
important issues, for example moving into long term care. A person
lacking capacity who has no family or friends to help can now
receive support from an Independent Mental
Capacity Advocate (IMCA),(PDF, 0.98MB) who will assess the
situation and ensure that decisions are made in the best interests
of the person.
The Act provides a clearer legal framework for dealing with
mental capacity issues and will help to protect against fraud and
abuse.
The Act also provides some protection in law for carers of those
who lack capacity.
A Code of Practice
(PDF, 1.4MB) accompanies the Act and all
professionals including GPs, social workers and paid carers must
have regard to the guidance while supporting people who lack the
capacity to decide for themselves.
Further Information
The Department for Constitutional Affairs
produces the following guides:
