Mental Capacity Act 2005

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Mental capacity refers to a person’s capacity or ability to make a decision for themselves when a decision needs to be made.  The Mental Capacity Act 2005 provides the legal framework for acting and making decisions on behalf of people over 16 years of age who lack the mental capacity to make particular decisions for themselves.  It can also help people who currently have the capacity but wish to make preparations for a time in the future for when they do not have this capacity.

Everyone, including health and social care staff, who look after people over 16 years old who may not be able to make certain decisions for themselves must comply with the Mental Capacity Act.

For more information regarding how the Mental Capacity Act might apply to you as a patient or carer, please visit the following websites:-

NHS Choices website

Directgov website

Also useful information leaflets in other languages can be found here:-

Department of Constitutional Affairs website

For more information on the following subjects please select from the following:-

Deprivation of Liberty Safeguards

Independent Mental Capacity Advocacy (IMCA)