The Mental Capacity Act 2005 covers people in England and Wales who can’t make some or all decisions for themselves. The ability to understand and make a decision when it needs to be made is called ‘mental capacity’.
The act applies to everyone involved in the care, treatment and support of people aged 16 and over living in England and Wales who are unable to make all or some decisions for themselves.
It is important for young people preparing for adult life as it ensures that their wishes are heard and that they can make decisions about how they live their life.
- It is designed to restore power to vulnerable people who lack capacity.
- It supports those who have capacity to choose and help plan for their future.
- The Mental Capacity Act Code of Practice provides support and guidance for carers and all professionals who have a duty of care to comply with it.
- If capacity is lacking, the checklist described in the code must be used in order to establish the best interests of the person concerned.
The Office of the Public Guardian has produced an easy read guide with more information about the Mental Health Capacity Act and how it could affect you.