The Mental Capacity Act 2005 is the law in England and Wales that protects and supports people who are unable to make some decisions for themselves. When this happens, the person is said to ‘lack capacity’ or ‘lack mental capacity’. The law outlines who can and should make decisions on their behalf. Click on this link to find out more information about What is Mental Capacity?
The Mental Capacity Act was passed by Parliament in 2005 and was implemented in 2007. To help everyone understand what the law means in reality, the Government published some guidance: Mental Capacity Act 2005 Code of Practice.
The Mental Capacity Act is based on five key principles. These are:
These principles must underpin all decisions which are made for someone who lacks the capacity to make the decision themselves.
These principles are protected in this Act. This means that any breach of the principles may result in a civil claim for compensation or criminal proceedings, such as wilful neglect or ill-treatment.
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