Summary
The Mental Capacity Act 2005 provides a statutory framework for making decisions on behalf of adults who lack the mental capacity to make those decisions themselves. It is underpinned by five statutory principles and the concept of 'best interests'.
Key Points
- A person is assumed to have capacity unless established otherwise (s.1(2))
- Capacity is assessed functionally and decision-specifically (s.2–3)
- Decisions made on behalf of incapacitated persons must be in their best interests (s.4)
- Lasting Powers of Attorney (LPA) allow a person to appoint a decision-maker for future incapacity (ss.9–14)
- The Court of Protection has jurisdiction over capacity disputes
- Advance decisions to refuse treatment are legally binding if valid and applicable (ss.24–26)
- Deprivation of Liberty Safeguards (DoLS) protect persons in care homes and hospitals
Parts & Sections
Amendments History
2019 — Mental Capacity (Amendment) Act 2019
Introduced the Liberty Protection Safeguards (LPS) to replace the Deprivation of Liberty Safeguards (DoLS), though implementation has been delayed.