Mental Capacity Act 2005

Mental Capacity Act Practice Guidance

Part 1: Introduction

Part 2: The Principles

Part 3: The scope of the Mental Capacity Act

Part 4: How does MCA help people to plan for the future?

Part 5: How does MCA help people to be involved in their own decisions?

Part 6: How to assess capacity

Part 7: Who should assess capacity? Who can be a decision maker?

Part 8: Best interest decisions

Part 9: Best Interests Meetings

Part 10: How to record decisions

Part 11: Resolving disputes

Part 12: Legal protection when applying MCA

Part 13: If the person can’t comply with the decision

Part 14: Restraint

Part 15: Independent Mental Capacity Advocates (IMCAs)

Part 16: What is serious medical treatment?

Part 17: Advance Decisions and Advance Statements

Part 18: Lasting Powers of Attorney

Part 19: The legal position of 16-18 year olds

Part 20: How can someone challenge a decision made under MCA?

Part 21: The role of the Court of Protection

Part 22: How does MCA apply to family and informal carers?

Part 23: What role do untrained workers have under MCA?

Part 24: Helping people who lack capacity to manage their money

Part 25: People who make lack capacity making legal agreements

Part 26: Consent and implied consent

Part 27: Emergencies

Part 28: Confidentiality

Part 29: The interface between Mental Capacity Act and Mental Health Act

Part 30: The Deprivation of Liberty Safeguards – an introduction

Part  31: Case examples

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