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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not...
- Original (As Enacted)
Appointment of independent mental capacity advocates. 36....
- Explanatory Notes
Text created by the government department responsible for...
- Introductory Text
Mental Capacity Act 2005 2005 CHAPTER 9. An Act to make new...
- Best Interests
Best Interests - Mental Capacity Act 2005 -...
- The Principles
Mental Capacity Act 2005, Section 1 is up to date with all...
- People Who Lack Capacity
Mental Capacity Act 2005, Section 2 is up to date with all...
- Inability to Make Decisions
Mental Capacity Act 2005, Section 3 is up to date with all...
- Schedule A1
Mental Capacity Act 2005, SCHEDULE A1 is up to date with all...
- Lasting Powers of Attorney
Lasting Powers of Attorney - Mental Capacity Act 2005 -...
- Part 1 Persons Who Lack Capacity
The principles E+W 1 The principles E+W (1) The following...
- Original (As Enacted)
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How does the Mental Capacity Act work?
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What does it mean if a person has mental capacity?
Mental Capacity Act 2005 (c. 9) Part 1 — Persons who lack capacity 2 (6) Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be...
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- Presumption of Capacity. By presuming capacity, we are respecting the individual’s rights to make a decision for themselves. We should never assume that because a person has a cognitive impairment, that they are unable to make a decision that will impact on their daily life.
- Individuals have the right to be supported to make their own decision(s) This refers to all reasonable adjustments to support understanding, enable retention, facilitate communication and weigh-up a specific decision.
- Individuals have the right to make ‘unwise’ decisions. The Mental Capacity Act is designed to uphold and promote a person’s rights. Therefore, if they are judged to have capacity to make a specific decision, then it is not our role to judge an individual’s choices, even if we perceive them to be unwise.
- If a person has been found to lack capacity for a specific decision, then any decision made on their behalf must be in their Best Interest.
Mental Capacity Act 2005. Applies if you don't have the mental capacity to make a decision that needs to be made. For example, about healthcare or residential care. Health professionals should assess your mental capacity before an important decision can be made on your behalf.
The Mental Capacity Act (MCA) 2005 applies to everyone involved in the care, treatment and support of people aged 16 and over living in England and Wales who are unable to make all or some decisions for themselves.
The Mental Capacity Act 2005, covering England and Wales, provides a statutory framework for people who lack capacity to make decisions for themselves, or who have capacity and want to make...
The Mental Capacity Act 2005 (c. 9) is an act of the Parliament of the United Kingdom applying to England and Wales. [3] Its primary purpose is to provide a legal framework for acting and making decisions on behalf of adults who lack the capacity to make particular decisions for themselves.
