The Mental Capacity Act 2005 for England and Wales received Royal Assent on April 7 2005. It became law in October 2007 after implementation in two phases which started in April 2007.
Who is affected?
The Act affects people aged 16 or over and provides a statutory framework to empower and protect people who may be unable to make some decisions for themselves. For example people with dementia, learning disabilities, mental health problems and stroke or head injuries.
What is stated?
It makes it clear who can take decisions in which situations and how they should go about this, as well as enabling people to plan ahead for a time when they may be unable to make decisions for themselves.
The Act will cover major decisions about someone’s property and affairs, healthcare treatment, where the person lives, as well as everyday decisions about personal care - such as what someone eats - when the person can't make the decisions themselves.
For further information please see the Office of the Public Guardian website or read the downloadable documents below.