Search results
The Mental Capacity Act 2005 is a law that sets out how you'll be supported to make decisions, or how decisions will be made for you. For example, if your ability to make certain decisions is affected by: A mental health problem. An illness.
People also ask
What is the Mental Capacity Act 2005?
How does the Mental Capacity Act work?
What is the Mental Capacity Act (MCA)?
Does the Mental Capacity Act apply to children?
- How Is Mental Capacity assessed?
- Helping People Make Their Own Decisions
- Is The Decision in Their Best Interests?
- Finding The Least Restrictive Option
- Advance Statements and Decisions
- Lasting Powers of Attorney
- The Court of Protection
- Professionals' Duties Under The Mental Capacity Act
The MCA sets out a 2-stage test of capacity: 1) Does the person have an impairment of their mind or brain, whether as a result of an illness, or external factors such as alcohol or drug use? 2) Does the impairment mean the person is unable to make a specific decision when they need to? People can lack capacity to make some decisions, but have capac...
Before deciding a person lacks capacity, it's important to take steps to enable them to try to make the decision themselves. For example: 1. does the person have all the relevant information they need? 2. have they been given information on any alternatives? 3. could information be explained or presented in a way that's easier for them to understan...
If someone lacks the capacity to make a decision and the decision needs to be made for them, the MCA states the decision must be made in their best interests. The MCA sets out a checklist to consider when deciding what's in a person's best interests. It says you should: 1. encourage participation – do whatever's possible to permit or encourage the ...
Before you make a decision or act on behalf of someone who lacks capacity, always question if you can do something else that would interfere less with their basic rights and freedoms. This is called finding the "least restrictive alternative". It includes considering whether there's a need to act or make a decision at all. Where there's more than o...
An advance statement is a written statement that sets down a person's preferences, wishes, beliefs and values regarding their future care. It's not legally binding. The aim is to provide a guide for anyone who might have to make decisions in a person's best interests if that person has lost the capacity to make decisions or communicate their decisi...
You can grant a Lasting Power of Attorney (LPA) to another person (or people) to enable them to make decisions about your health and welfare, or decisions about your property and financial affairs. Separate legal documents are made for each of these decisions, appointing one or more attorneys for each. An Enduring Power of Attorney (EPA) under the ...
The Court of Protectionoversees the operation of the Mental Capacity Act and deals with all issues, including financial and serious healthcare matters, concerning people who lack the mental capacity to make their own decisions. The court also tries to resolve all disputes when the person's carer, healthcare worker or social worker disagree about wh...
The Mental Capacity Act applies to all professions – doctors, nurses, social workers, occupational therapists, healthcare assistants, and support staff. These staff and their employers have a duty to ensure they know how to use it. Most trusts and local authorities will have a Mental Capacity Act lead who provides specialist advice on how the Act w...
What is the Mental Capacity Act (MCA)? The Mental Capacity Act (MCA) is a law that provides a legal framework for acting and making decisions on behalf of adults who lack capacity. The Act will cover you if you are: 16 or older, and; live in England and Wales. The MCA is there to do the following.
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 MCA is designed to protect and restore power to those vulnerable people who lack capacity.
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.
An Act to make new provision relating to persons who lack capacity; to establish a superior court of record called the Court of Protection in place of the office of the Supreme...
The Mental Capacity Act 2005 is the law that tells you what you can do to plan ahead in case you can't make decisions for yourself, how you can ask someone else to make decisions for you and who can make decisions for you if you haven't planned ahead.
