Mental Capacity Act

Please tell us what you think about our website, we welcome your feedback.

Customer notice

Due to essential maintenance some of our web services will be unavailable between these times 7pm Friday 25 May and 5pm Sunday 27 May 2012.

In case of any emergencies please see our Facebook or Twitter pages.

The Mental Capacity Act (2005)

The information below provides useful links to information regarding:

Deprivation of Liberty Safeguards

What is the Mental Capacity Act 2005

The Mental Capacity Act 2005 for England and Wales received Royal Assent on 7 April 2005 and came fully into force on 1st October 2007.

Generally, only affecting people aged 16 or over, the Mental Capacity Act provides a statutory framework to empower and protect people who may lack capacity to make some decisions for themselves, for example, people with dementia, learning disabilities, mental health problems, stroke or head injuries who may lack capacity to make certain decisions. Alternatively, it may be because at the time the decision needs to be made, they are unconscious or barely conscious whether due to an accident or being under anaesthetic or their ability to make a decision may be affected by the influence of alcohol or drugs.

It makes it clear who can take decisions in which situations and how they should go about this. It enables people to plan ahead for a time when they may lack capacity. The Act covers major decisions about someone’s property and affairs, healthcare treatment and where the person lives, as well as everyday decisions about personal care, where the person lacks capacity to make the decisions themselves.

Last updated: 20 January 2011