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Mental Capacity Act 2005

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

It covers decisions about day-to-day things like what to wear or what to buy for the weekly shop, or serious life-changing decisions like whether to move into a care home or have major surgery.

The person who assesses an individual's decision-making capacity is usually involved at the time the decision is made. This means that different individuals may evaluate capacity for various decisions at different times. For example, healthcare professionals are typically best suited to assess capacity for health-related decisions, while legal practitioners are more appropriate for evaluating capacity concerning legal transactions. If a person is deemed to lack capacity to make decisions, then the Mental Capacity Act enables decisions to be made in the persons best interests.

If you would like advice and support regarding a decision where a person may lack capacity, you should get an opinion from a medical professional, social care professional or other professional expert.

Here are some links to some resources that explain the Mental Capacity Act in more detail: