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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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