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The Mental Capacity Act

The Mental Capacity Act 2005 is a new law to protect people who do not have the capacity to make their own decisions.

The Act sets out safeguards to empower and protect a person assessed as lacking mental capacity. People lacking mental capacity will include those with:

  • dementia
  • learning disability
  • mental health problems
  • brain damage
  • a physical injury or illness

The Act covers major decisions about things like finance, social care, and medical treatment. It introduces a new Court of Protection, Lasting Power of Attorney; Court appointed deputies, and the Independent Mental Capacity Advocacy (IMCA) Service provided by Friend in North Somerset.

Practice guidelines are currently being developed in partnership with North Somerset NHS Primary Care Trust(PCT). A Mental Capacity Act Local Implementation Network has been set up and meets on a monthly basis.

More information is available in the Department of Health Code of Practice to the Mental Capacity Act  .

For further information please contact our Mental Capacity Act Facilitator