The Mental Capacity Act 2005 became law in April 2007. It sets out who can take decisions on behalf of someone else, when they can take decisions on behalf of someone else and how they should go about it. It enables people to plan for the future in case they lose capacity. 

The five key principles within the Act are:

• that every adult has the right to make their own decisions and has the capacity to do  so unless it is proved otherwise;
• people have the right to be supported to make their own decisions and must be given all appropriate support before anyone decides that they cannot make their own decisions;
• people have the right to make unwise or eccentric decisions;
• anything done on behalf of anyone without capacity must be in their best interests; and
• anything done for or on behalf of someone without capacity should be the least restrictive of their basic rights and freedoms.

The Act replaces statutory schemes for enduring powers of attorney and Court of Protection receivers with improved schemes.

It introduces a new Lasting Powers of Attorney which allows a person to appoint an attorney to act on their behalf should they lose capacity. This is similar to the current Enduring Power of Attorney however this also gives people attorney over health and welfare decisions.

There are also new Court Appointed Deputies. These replace the current system of receivership in the Court of Protection. These deputies will be able to take decisions concerning healthcare, welfare and financial matters but they will not be able to refuse life-sustaining treatment on behalf of someone.

The Act also creates two new public bodies, a new Court of Protection and a new Public Guardian. The Court of protection will have authority over capacity matters and the Act as a whole. The Public Guardian will be the registering authority for Lasting Powers of Attorney and Court Appointed Deputies. The Public Guardian will provide information to help the court make decisions and supervise deputies. They will also work with social services the police and other agencies to respond to any concerns raised about the conduct of a deputy or an attorney.

There are a further three provisions of the act to protect vulnerable people.

• The Independent Mental Capacity Advocate (IMCA) is someone who will be appointed to support a person who has no one to speak for them and lacks capacity. 
• Advance decisions to refuse treatment mean that people can make a decision in advance to refuse treatment incase they lose capacity. This will not stop a doctor giving life saving treatment unless the decision is in writing, signed and witnessed and there is an express statement that the decision stands ‘even if life is at risk’.
• The bill also makes it a criminal offence to neglect or ill treat a person who lacks capacity.

You can dowload the Mental Capacity Act 2005 Interim Guidance for Staff, which includes guidance for using the Independent Mental Capacity Advocate (IMCA) Service from the right of the screen. You can also download information about the IMCA service for Middlesbrough.

Follow the link on the right of the screen to the latest version of the Mental Capacity Act 2005 Code of Practice.