The Mental Capacity Act

The Mental Capacity Act (MCA) is there to protect and empower people who lack the mental capacity to make their own decisions about their care and treatment. It applies to people aged 16 and over.

The MCA says:

• assume a person has the capacity to make a decision themselves, unless it's proved otherwise
• wherever possible, help people to make their own decisions
• do not treat a person as lacking the capacity to make a decision just because they make an unwise decision
• if you make a decision for someone who does not have capacity, it must be in their best interests
• treatment and care provided to someone who lacks capacity should be the least restrictive of their basic rights and freedoms

Lasting power of attorney

You can arrange for someone else to make important decisions for you in the future. You can do this if you are 18 or older and currently have the mental ability to make such decisions.

This might include making financial, property related or medical decisions for yourself. This legal authority is called lasting power of attorney.

A lasting power of attorney is a legal document. It must be completed while the person still has capacity. It and cannot be used before it has been registered with the Office of the Public Guardian.

Deprivation of Liberty Safeguards (DoLS)

About the Deprivation of Liberty Safeguards

Sometimes people are deemed to lack the mental capacity to give consent. This could include consent regarding:

• their accommodation
• the measures that have been put into place for them to ensure they remain safe and protected from harm

Often these decisions can mean that the person’s autonomy or freedom of movement need to be restricted in some way.

Health and social care staff must consider and act on the following factors when planning care or treatment:

1. The person has been assessed as lacking the mental capacity to consent to their accommodation to enable them to receive care or treatment.
2. The care or treatment cannot be provided in a less restrictive way.
3. The care or treatment must be in line with the statutory best interest checklist.

A deprivation of liberty is when a person has their freedom limited in some way. It occurs when:

The person is under continuous supervision and control and is not free to leave. The person lacks capacity to consent to these arrangements.

DoLS provide legal protection for vulnerable people who are, or who may become, deprived of their liberty.

More about the Deprivation of Liberty Safeguards (DoLS)