The Mental Capacity Act 2005 is a new piece of legislation that came into force in two distinct phases, the first on 1 April 2007 and the second on 1 October 2007.
The 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. The Act makes it 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 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 (such as what someone eats), where the person lacks capacity to make the decisions themselves.
Page Last Updated: 31 October 2008