The Mental Capacity Act 2005 is a vitally important piece of legislation that applies within England and Wales and makes a real difference to the lives of people who may lack mental capacity.  It empowers people to make decisions for themselves wherever possible, and protects people who lack capacity, by providing a flexible framework that places them at the very heart of the decision making process. It places a strong emphasis on supporting and enabling the individual to make his/her own decisions. If they are unable to do this it emphasises that they should be involved in the decision making process as far as possible.

The Mental Capacity Act 2005, covering England and Wales for people aged 16 years or over, provides a statutory framework for people who lack capacity to make decisions for themselves or have capacity and want to make preparations for a time when they may lack capacity in the future. The Act covers a wide range of decisions for example, supporting a person lacking capacity with their activities of daily living, supporting a person lacking capacity to manage their property and finances, supporting a person lacking capacity with serious medical treatment decisions.

You can find out more about the Mental Capacity Act 2005 via the following links:

• Torbay and South Dev on NHS Foundation Trust www.torbayandsouthdevon.nhs.uk/ services/mental-capacity-act/
• Social Care Institute of Excellence national
• Mental Capacity Act – Social care and support guide – NHS (www.nhs.uk)
• The Mental Capacity Act – Torbay Council

• MCA directory: Mental Capacity Act (MCA) Directory – SCIE – SCIE
• Or alternatively you can speak to the Social Worker allocated to support you.