Mental Capacity Act 2005
The Mental Capacity Act 2005 is being implemented in two stages on April 1st and October 1st 2007.
The Act provides a statutory framework to enable people to plan ahead for a time when they may lack capacity to make decisions for themselves and to empower and protect them if and when they lack capacity.
Five key principles
- A presumption of capacity - every adult has the right to make his or her own decisions and must be assumed to have capacity to do so unless it is proved otherwise;
- Individuals being supported to make their own decisions - a person must be given all practicable help before anyone treats them as not being able to make their own decisions;
- Unwise decisions - just because an individual makes what might be seen as an unwise decision, they should not be treated as lacking capacity to make that decision;
- Best interests - an act done or decision made under the Act for or on behalf of a person who lacks capacity must be done in their best interests; and
- Least restrictive option - anything done for or on behalf of a person who lacks capacity should be the least restrictive of their basic rights and freedoms.
Mental Capacity Act Powerpoint Guide (CED)
Mental Capacity Act BMA Guidance for Health Professionals
Mental Capacity Act BMA Toolkit
Summary of Mental Capacity Act
Information leaflets from the Office of the Public Guardian
CED 03/04/07
minor update fs july 08 and sept 08
