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
