What is the Mental Capacity Act?
The Mental Capacity Act (MCA) 2005 is a law that helps protect and support people who may have difficulty making certain decisions for themselves.
Capacity refers to a person’s ability to make a specific decision at the time it needs to be made. Most adults can make their own decisions, but some people may find it difficult because of an illness, disability, injury, dementia, mental health condition, learning disability, or the effects of drugs or alcohol.
The Mental Capacity Act is designed to help ensure that people are supported to make their own decisions wherever possible and that any decisions made on their behalf are made in their best interests.
Under the Mental Capacity Act, you have the right to:
You should never be assumed to lack capacity simply because you have a disability, illness, or make a decision that others do not agree with.
A person’s capacity is assessed for a specific decision at a specific time.
Someone may lack capacity to make one decision but still have capacity to make other decisions. Capacity can also change over time.
Professionals will consider whether the person can:
If it is decided that you do not have the capacity to make a particular decision, any decision made on your behalf must be in your best interests.
This means the person making the decision should:
If you have difficulty making decisions and do not have family or friends who can support or represent you, an Independent Mental Capacity Advocate (IMCA) may be appointed.
An IMCA helps ensure that your views, wishes, and rights are considered when important decisions are being made about your care, accommodation, medical treatment, or safeguarding concerns.
For more information about the Mental Capacity Act, speak to a health or social care professional, your GP, social worker, or an advocacy service.
The Mental Capacity Act is intended to empower people, protect their rights, and ensure that support is provided in the least restrictive way possible.
