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Further information on the Mental Capacity Act 2005, including an easy-read summary, is available from the Department of Constitutional Affairs website.
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About the Mental Capacity Act
The Mental Capacity Act 2005 sets out the legal rights for supporting and protecting vulnerable people who are not able to make their own decisions. It makes clear who can take decisions, in which situations, and how they should go about this. It also enables people to plan ahead for a time when they may lose capacity.
It will also affect families, carers, health and social care staff, and other people who have contact with people who lack capacity. It could cover decisions about financial matters, social care, medical treatment and research arrangements, as well as everyday decisions about personal care.
The Act will generally only affect people aged 16 or over.
Five key principles
The whole Act is underpinned by a set of 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 - 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
The Act creates two new public bodies
- Court of Protection
the new court will have jurisdiction in relation to the Mental Capacity Act. It will have special procedures and judges. - Public Guardian
This public official will take over from the current Public Guardianship Office. The Public Guardian will be the registering authority for lasting powers of attorney and deputies.