Mental Capacity Act 2005
The Mental Capacity Act became law in April 2005. It came into
force in 2007.
A Code of
Practice explains how the law works.
What Does the Act Do?
Every day people make decisions about things in their lives. The
ability to make these decisions is called mental capacity. Some
people have difficulty in making decisions because they lack mental
capacity.
The law sets out a framework for supporting people who have
difficulty in making decisions for themselves or who want to plan
ahead in case they are unable to make decisions in the
future. It also affects their families, carers, health and
social care staff and other people who might have contact with
them. It established an Office of the Public
Guardian and revised the powers of the
Court of Protection.
Office of the Public Guardian
The Office of the Public Guardian supports and promotes decision
making for people who lack capacity or would like to plan for
their future in case they should lack capacity.
Court of Protection
The Court of Protection is a specialist court for all
issues about people who lack capacity. The court makes
decisions and appoints deputies to make decisions in the best
interests of people who lack capacity.
Who is Affected by the Act?
The Act affects any situation involving a person who may lack
capacity, or people who believe they are likely to loose capacity
to make decisions. The Act applies to anyone over the age of
sixteen as under this age the powers of the Children Act apply.
This includes people affected by dementia, physical illness or its
treatment, learning disability, brain injury or stroke, severe
mental illness or substance misuse. Since Capacity is decision
specific, it could potentially affect us all, depending on our
ability to make certain decisions.The Act puts the individual who
lacks capacity at the centre of decision making and places a strong
emphasis on supporting and enabling him or her to make his or her
own decisions.
Deprivation of Liberty
The Deprivation of Liberty Safeguards (DoLS) - an amendment to
the Mental Capacity Act - came into effect on 1 April 2009.
The safeguards provide legal protection for people who are, or may
become, deprived of their liberty, for example in a hospital
or care home. Depriving someone of their liberty
without following the appropriate legal process is a breach of
the European Convention on Human Rights. The Welsh Assembly
Government has issued a
code of practice on the DoLS.
Further Information
The government has provided information in a variety of formats
and languages to help people understand the Act and how it can help
them. You can find more information by following these links:
·
The Act
·
Mental Capacity on the Welsh Assembly Goverment web site
·
Office of the Public
Guardian
·
Court of Protection
·
Making
decisions about your health, welfare, and finances - who decides
when you can't?
·
A
Guide for Family, Friends & Unpaid Carers (Booklet)
·
Guidance
for people who work in health and social care (Booklet)
·
A
summary of the Mental Capacity Act
·
An easy
read summary of the Mental Capacity Act
·
Mental
Capacity Act code of practice
·
About
your health, welfare or finance. Who decides when you can`t?
(Booklet)
·
A
Guide for Advice Workers (Booklet)
·
Guidance
- Minority Languages, ZIP file
The University Hospital Heath
Board, Cardiff Council, and the Vale of Glamorgan Council
are working together to implement the Act. They have
have jointly funded and appointed two coordinators.
Contact:
Mental Capacity Act Co-ordinators
Vale of Glamorgan Council
Docks Office
Subway Road
Barry CF63 4RT
01446 704849