About the Mental Capacity Act

Every day we make decisions about lots of things in our lives. These could be life changing decisions. For example; moving into a care home or having major surgery. Or day to day decisions. For example; what to wear or what food to buy.

The ability to make decisions is called mental capacity.

The Mental Capacity Act (MCA) helps and protects people over the age of 16, who have limited mental capacity to make their own decisions. This could be because of illness, injury, disability or the effects of drugs or alcohol.

Just because a person has one of these health conditions does not necessarily mean they lack the capacity to make a specific decision. For example; they may lack capacity to make a decision on a financial issue, but still have the capacity to make a decision on what to wear.

There are 5 key principles which underpin the legal requirements in the Act:

  • individuals have the right to make their own decisions. It must be assumed they have the capacity to do so unless it's proved otherwise
  • individuals have the right to be supported when making their decisions. They should be given all appropriate help before anyone concludes that they cannot make their own decisions
  • individuals should not be treated as being unable to make a decision merely because they make an unwise decision
  • anything done for, or on behalf of an individual without capacity, must be done in their best interests
  • anything done for, or an behalf of an individual without capacity, should be the least restrictive of their basic rights and freedoms

The Act is intended to be enabling and supportive of individuals who lack mental capacity. It:

  • should not restrict or control their lives
  • should maximise their ability to make decisions, or let them participate in decision making, as far as they're able to do so
  • makes it clear who can make decisions, in which situations, and how they should go about this
  • enables people to plan ahead for a time when they may lack mental capacity

Visit the NHS website to find more information about Mental Capacity Act.

Code of Practice

The Code of Practice gives guidance to people who:

  • work with adults who lack capacity to make decisions themselves
  • care for adults who lack capacity to make decisions themselves

The MCA says certain people must think about the code of practice when they act or make decisions on another person’s behalf.

Visit the GOV.UK website to find out if you need to think about the code of practice and what you must do.