Mental Capacity Act

If so, then the Mental Capacity Act 2005 can help.  More information about the Act is available at Ministry of Justice: Mental Capacity Act|External link

Every day we make decisions about lots of things in our lives. The ability to make decisions is called mental capacity. People may have difficulties making some decisions either all or some of the time. This could be because they have:

And any of us might plan ahead in case we lack mental capacity in the future, because of an accident for example.

The Mental Capacity Act came fully into force in October 2007 in England and Wales, and affects people in these situations. It also affects their families, carers, health and social care staff, and other people who may have contact with them. It can cover all sorts of major decisions where a person may lack capacity about things like finance, social care, medical treatment and research arrangements, as well as everyday decisions.

The Act generally affects people aged 16 or over.

The new Independent Mental Capacity Advocate Service in England and a new criminal offence came into force on 1 April;  all other parts of the Act came into effect on 1 October 2007.

How the Act can affect you

If you are unable to make some decisions the Act explains:

If you want to plan ahead for the future

The Act:

If you are a family or other unpaid carer

The Act:

If you work in health and social care

The Act:

If you work in the legal, banking or advice sectors

The Act:

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Last Updated: 25/09/2013