Council and democracy

Mental Capacity Act

This Act governs decision-making on behalf of adults, where they lose mental capacity at some point in their lives or where the incapacitating condition has been present from birth. The Act received Royal assent on 7 April 2005 and came into force in two stages during 2007.

Who does the Mental Capacity Act affect?
The Act affects everyone aged 16 and over and provides a statutory framework to empower and protect people who may not be able to make some decisions for themselves, for example, people with dementia, learning disabilities, mental health problems, stroke or head injuries.

The Act also gives people with capacity the opportunity to prepare for a time when they may lack capacity to make their own decisions.

Mental Capacity Code of Practice
The Act is accompanied by a Code of Practice which provides guidance and information on how the Act works on a day to day basis for anyone who works with or cares for people who lack capacity, including family, friends and unpaid carers.
Certain categories of people are legally required to ‘have regard’ to relevant guidance in the Code of Practice. This includes anyone acting in a professional capacity for, or in relation to, a person who lacks capacity. Staff in health and social care must be aware of the Code of Practice when acting or making decisions on behalf of someone who lacks capacity to make a decision for themselves, and they should be able to explain how they have had regard to the Code when acting or making decisions.