Mental Capacity Act: Code of Practice

The Mental Capacity Act clarifies and codifies best practice regarding the treatment of patients who lack capacity.

Full implementation of the Mental Capacity Act and Code of Practice has been delayed. 

From April 1st 2007, if an Independent Mental Capacity Advocate (IMCA) has been instructed, anyone working in a professional capacity or holding a Lasting Power of Attorney, is required to 'have regard' to the Mental Capacity Code of Practice.   From October 1st 2007 this will apply when dealing with any person who lacks capacity.  

Doctors will have to be able to demonstrate familiarity with all relevant parts of the Code and able to give reasons for departing from it. 

Failure to comply may be used in evidence in civil or criminal proceedings. 

Click link for further information on Code of Practice

Department for Constitutional Affairs - Mental Capacity Act Code of Practice

CED 3/4/07