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New legislation now in force marks a breakthrough in providing greater protection for people unable - for a range of reasons - to make decisions for themselves.

The Mental Capacity Act 2005 - introduced on 1 April - will help more people exercise their rights to be involved in decisions affecting their lives - from such as deciding where to live, to day-to-day activities about what to eat or wear.

Those set to benefit include people with a learning disability, mental health problems, brain injury, dementia or those who live with the consequences of alcohol or drug misuse or the side effects of medical treatment.

The new law will also help you if you want to plan ahead - to make an ‘advance directive’ in case you are unable to make decisions in the future.

The Act requires that decisions must always be made in the best interests of the individual, and very often people are helped by families, friends and carers. Sometimes a doctor or other professional will become more involved if the decision is more complex, for example if someone needs medical treatment for a serious condition.

Not everyone has a network of people able to help them decide on important issues, for example moving into long term care. These people will receive support from an Independent Mental Capacity Advocate (IMCA) who can help by assessing the situation and making the best judgement in the interests of the person concerned.

A clearer legal framework will also help ensure that fraud and abuse do not take place.

For further information see our pages on the Mental Health Capacity Act

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