| On 1 April 2007, the first part of the Mental Capacity Act 2005 came into force. The Act will protect people who are unable to make decisions for themselves due to a learning disability, mental health problems, brain injury or dementia. The Act will help people to make or be involved in their own decisions, from what to eat or wear to more involved decisions such as where to live.
The new law will also help those who want to plan ahead (to make an advance directive) in case they are unable to make decisions in the future.
Where a person may lack capacity to make a particular decision, any decision made on their behalf must be made in the best interests of the individual. Very often people are helped by families, friends and carers, however a doctor or other professional may 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. A person lacking capacity who has no family or friends to help can now receive support from an Independent Mental Capacity Advocate (IMCA) who will assess the situation and ensure that decisions are made in the best interests of the person.
The Act provides a clearer legal framework for dealing with mental capacity issues and will help to protect against fraud and abuse.
The Act also provides some protection in law for carers of those who lack capacity.
A Code of Practice accompanies the Act and all professionals including GPs, social workers and paid carers must have regard to the guidance while supporting people who lack the capacity to decide for themselves.
Further Information
The Department for Constitutional Affairs produces the following guides:
Information is also available from The Council on our Mental Health pages. |