Mental Capacity Act
Mental capacity refers to a person's ability to make a decision
for themselves at the time the decision needs to be made.
Everyone working with and/or caring for a person over 16 years
old who may lack capacity to make particular decisions for
themselves, must comply with the Mental Capacity Act 2005 when
making decisions or acting for that person.
The same rules apply whether the decisions are
life-changing events such as having an operation or everyday
matters such as what to wear.
It can also help people who currently have
capacity, but want to make preparations for a time when they may
lack capacity to make decisions for themselves
The Mental Capacity Act 2005
The Mental Capacity Act came into force on 1
April 2007. It provided a statutory framework for assessing
whether a person has capacity to make decisions for themselves.
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.
The Mental Capacity Act aims to provide clear guidelines for
carers and professionals about who can take decisions when a
person lacks mental capacity. These guidelines are based on the
following principles:
- a person must be assumed to have capacity unless it is
established that they lack capacity
- a person is not to be treated as unable to make a decision
unless all practicable steps to help him to do so have been taken
without success
- a person is not to be treated as unable to make a decision
just because he makes an unwise decision
- any act or decision made under the Mental Capacity Act for or
on behalf of a person, who lacks capacity, must be in their best
interests
- any acts or decisions must be made in a way that is least
restrictive to the person's rights.
When the act was introduced it created several services to
support it. Find out what the act
introduced.