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Contacts

Adult Services Directorate
Brenchley House
County Hall
Maidstone
Kent ME14 1RF

Telephone icon08458 247 100

Getting in touch

Mental Capacity Act

image: IMCA phone number: 07918 698107 image: OPG phone number: 0845 330 2900

Mental capacity means someone's ability to think and remember.

On 1 April 2007 the Mental Capacity Act 2005 will come into force, and it will for the first time provide a statutory framework for assessing whether a person has capacity to make decisions for themselves (link will open in a new window).

The aim of the framework will be to empower and protect vulnerable people who are not able to make their own decisions due to a mental health condition or learning disability

The Act will affect people in England and Wales who are 16 years or older.

The Act tells people:

  • what to do to help someone make their own decisions about something
  • how to work out if someone can make their own decisions about something
  • what to do if someone cannot make decisions about something sometimes.

The Act aims to provide clear guidelines for carers and professionals about who can take decisions in which situations.

The Act is useful to service users, relatives and carers as well as health and social care practitioners who work with:

  • The elderly (particularly those with dementia)
  • People with a learning disability
  • People with a mental illness
  • People with a brain injury or disease.

You can find out about how the Mental Capacity Act will work on a day to day basis for anyone who works with or cares for people who lack capactiy by reading the Code of Practice.

What's new?

The new things that the Act introduces are:

  • New Lasting Powers of Attorney and deputies, these will start in October 2007
  • A new Court of Protection, which will start in October 2007
  • A new Office of the Public Guardian
  • A new criminal offence, this will start in April 2007
  • A new Independent Mental Capacity Advocacy Service, this will start in England in April 2007
  • A code of Practice, this will tell people how to make sure they are following the Act. This will be available in April 2007.

Independent Mental Capacity Advocate (IMCA)

As part of the Mental Capacity Act, the new Independent Mental Capacity Advocate service will help vulnerable people who lack mental capacity, to make difficult decisions such as medical treatment choices or where they will live. The service is aimed at people who do not have relatives or friends to speak for them.

New Court of Protection

The Act introduces a new Court of Protection which will have jurisdiction relacting to the whole Mental Capacity Act. It will have its own procedures and nominated judges.

New Public Guardian

The Public Guardian and their staff will help the Court by looking after the paperwork and providing information to help the Court make decisions.

Other things the Mental Capacity Act introduces

The Act also sets out the rules on:

  • Acts in connection with care treatment
  • Advance decisions to refuse treatment
  • Research involving people who lack capacity.
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