Go to navigation
The Mental Capacity Act 2005 and the Deprivation of Liberty Safeguards 2009 (DOLS)
The Mental
Capacity Act 2005 (the Act) came into full force on 1
October 2007. It provides a statutory framework to empower and
protect vulnerable people aged 16 years or older who are not able
to make their own decisions.
The Act replaces existing common law
governing the treatment of people without capacity. It covers a
range of choices from day-to-day decisions such as what to wear or
eat, through to serious decisions about where to live, having
medical treatment or what to do with a person's finances or
property.
The Ministry of Justice provides
introductory information on the Mental Capacity Act.
The Act is underpinned by five
principles which all decisions should be tested against:
- 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 him or her to do so have been
taken without success;
- a person is not to be treated as unable to make a decision
merely because he or she makes an unwise decision;
- an act done or decision made under this Act for or on behalf of
a person who lacks capacity must be done or made in his or her best
interests;
- anyone acting or making a decision under the Act must first
consider whether their purpose can be achieved effectively in a way
that is less restrictive of the person's rights and freedom of
action.
The Act is supported by the Mental
Capacity Act Code of Practice (pdf 1,650KB) with which all
those working in a professional or paid role are under a legal duty
to comply. To use this file you will need Adobe Acrobat Reader. If
you do not have this on your computer, please use our advice page.
You can also order a copy of the Code
from the Stationery Office by phoning 0870 600
5522 or emailing customerservices@tso.co.uk.
Mental capacity assessment
In order to decide whether or not a
person has mental capacity, there are a number of tools which must
be used. These can be downloaded here:
Information booklets
A series of information booklets has
been published that provides introductory information on the
Act.
Find out about:
Add this page to my Quick Links:
Add page
Send this page to a friend:
Send