The Mental Capacity Act 2005
The Mental Capacity Act (MCA) 2005 provides a statutory
framework for decision-making on behalf of people who are found to
lack capacity to make decisions for themselves and ensures that
people with an impairment of, or a disturbance in the functioning
of the mind or brain, are involved in decision-making as far as
possible. It also allows people to plan for a time when they may
lack capacity to make decisions for themselves.
Guidance concerning use of the Act is available from a Code of
Practice and a series of information leaflets which may be
downloaded from the Department of Health
Trust policy concerning use of the Act may be downloaded from
this website.
The MCA created a new Court of Protection, which has the power
to make judgements about the financial affairs and welfare of
individuals who lack capacity. Further information concerning the
role and function of the Court of Protection, together with a range
of information leaflets and application forms are available from
the Office
of the Public Guardian
People who are unable to make a decision, or decisions, about
where they should live or about serious medical treatment, and who
have no family member to represent their views, are entitled to
support from the Independent Mental Capacity Advocacy Service.
Information about the role of the IMCAS is available from the Department of
Health
Deprivation of Liberty Safeguards
An amendment to the MCA introduced the Deprivation of Liberty
Safeguards in April 2009. The Safeguards provide a statutory
framework to allow restrictions to be placed upon people who
require care in a hospital or care home to prevent them from harm,
when this is found to be in their best interests. Guidance may be
downloaded from the Department of Health.