Mental Capacity Act 2005

We regularly need to make decisions about things happening in our lives. The ability to make decisions is called mental capacity. The Mental Capacity Act 2005 sets out the legal rights for supporting and protecting vulnerable people aged 16 and over who are not able to make their own decisions. It is to help those who may have:

• a learning disability 
• dementia 
• a mental illness 
• a head injury 
• a stroke 
• a prolonged loss of consciousness 
• delirium

It makes clear who can take decisions, in which situations, and how they should go about this. It covers families, carers, health and social care staff, and other people who have contact with people who lack capacity. It could cover decisions about financial matters, social care, medical treatment and research arrangements, as well as everyday decisions about personal care.

The Act enables people to plan ahead for a time when they may lose capacity. You can appoint someone to have Power of Attorney who can make decisions on your behalf regarding your heath and welfare, property and affairs.

For information on Power of Attorney visit the Directgov website.

Independent Mental Capacity Advocates

Advocates can help those who have no family or friends to make decisions for them about serious medical treatment or long-term residential care. Advocates will gather information, provide you with support and represent your wishes, feelings and beliefs when a decision is being taken for you.

Advocacy services