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 Mental Capacity Act: making decisions (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 Mental Capacity Act (MCA) Directory.
The Mental Capacity Act Deprivation of Liberty Safeguards (DoLS)
The Mental Capacity Act Deprivation of Liberty Safeguards (DoLS) 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
