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Mental Capacity Act

A new law begins to come into force in April that could affect everyone who has difficulty making decisions about important issues such as their health, welfare and finances.

The new Mental Capacity Act (MCA) is designed to protect people who are aged 16 and over, and who may lack the capacity to make decisions for themselves – including those who may have suffered head injuries or stroke, as well as those who have dementia, learning disabilities, and mental health problems.

What does the act do?

The act gives clear guidance on who should make decisions on behalf of people who may lack capacity and clearly indicates how those decisions should be made.

The act works on the basis that every adult has the capacity to make his or her own decisions unless it is proved otherwise. It says those who have difficulty making decisions should be given as much help as possible.

If decisions are made on behalf of people who lack capacity, the act says those decisions must be in their best interest. Restriction of their basic rights and freedoms must be kept to a minimum.

Who needs to know about the new Mental Capacity Act?

As well as the families of people who may lack capacity, carers, health workers, social care staff and anyone else who could come into contact with people who may lack capacity needs to be aware of the act.

If you care for someone who may lack capacity, the act will help you understand how and when you can, and cannot, act on his or her behalf. The act also clearly shows when you should be consulted – for example, when a doctor makes a decision about treatment.

Who can help you make important decisions?

If you have difficulty making decisions, a new service will soon be available to help. The Independent Mental Capacity Advocate is being launched in April and will be there to represent you and help you to make certain important decisions, providing there is no one else who can be consulted.

For more information follow the links to the Department of Health website, or you can pick up a leaflet in libraries and other city council offices.

"Three Stories" documentary

"Three Stories" is a powerful documentary depicting the 3 real life stories. It shows how the Mental Capacity Act empowers and protects people who lack mental capacity to make some decisions or who find it difficult to communicate some of their decisions. It is available in Windows Media, QuickTime and Real Player formats. Use this link to the right to see it.