The Mental Capacity Act (MCA) 2005 protects and empowers vulnerable adults who are not able to make decisions for themselves. This might be because of:
- a learning disability
- dementia
- a mental health problem
- a head injury/stroke
- a drug, alcohol or substance addiction
The Act sets out a legal framework of how to act on behalf of someone who lacks the capacity to make a specific decision. These may be decisions about day-to-day matters like what to buy when doing the weekly shop. They may be decisions about major life changing events, like whether the person should move into a care home or have a major surgical operation.
It also allows people to plan for a time when they may lack mental capacity in the future.
The Act sets out in five statutory principles to ensure the right action is taken in individual cases:
- A person must be assumed to have capacity unless it is established that they lack capacity.
- A person is not to be treated as unable to make a decision unless all practicable steps to help have been taken without success.
- A person is not to be treated as unable to a make a decision just because they make an unwise decision.
- An act or decision done under this Act for a person who lacks capacity must be made in their best interests.
- Before the act or decision is carried out, it must be considered whether the intended purpose can be achieved effectively in a way that is less restrictive of the person’s rights and freedom of action.
If you need more information around how the Mental Capacity Act should be used in practice, consult the Mental Capacity Act Code of Practice.
Planning ahead
No-one knows when they might lose capacity. In the early stages of a deteriorating illness, it is a good idea to start planning for the future.
Find out more about Planning ahead
The Mental Capacity Act allows everyone to plan for a time when they may lack capacity.