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. Someone who lacks capacity cannot do one or more of the following:

•  Understand information given to them.
•  Retain that information long enough to make a decision.
• Weigh up the information available to make a decision.
• Communicate their decision.

Lack of mental capacity could be due to:

• A stroke or brain injury.
• A mental health problem.
• Dementia.
• A learning disability.
• Confusion, drowsiness or unconsciousness because of an illness or the treatment for it.
• 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 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: November 2011