Mental Capacity Act

The Mental Capacity Act (2005) is a law that came into force in 2007 and applies in England and Wales.

Mental capacity is the ability to make your own decisions. In some cases people lack the capacity to consent to particular treatment or care that is recognised by others as being in their best interests, or which will protect them from harm.

Someone who lacks capacity cannot understand or weigh up information to make a decision or communicate their decision.

Lack of mental capacity could be due to a stroke, brain injury or mental disability. Or it could be due to confusion, drowsiness or unconsciousness because of an illness or the treatment for it, or because of substance misuse.

If a person does not have capacity to make decisions for themselves, then others will have to act in their best interests. The Mental Capacity Act sets out how these interests are protected and the responsibilities of professionals, carers and families.

The Mental Capacity Act also contains safeguards to provide a legal framework around deprivation of liberty, usually in a care setting such as a hospice, hospital or care home.

The Office of the Public Guardian is an executive agency of the Ministry of Justice. It exists to safeguard the rights of people who lack mental capacity.  See the Justice website and Directgov website for details of the Mental Capacity Act. Your local Social Services department or GP or health care professional should be able to advise if you have any concerns.

Contacts

Review date: June 2012