Using the Mental Capacity Act

  • SCIE – Mental Capacity Act (MCA) Resource

    • The Mental Capacity Act (MCA) 2005 applies to everyone involved in the care, treatment and support of people aged 16 and over living in England and Wales who are unable to make all or some decisions for themselves.
    • The MCA is designed to protect and restore power to those vulnerable people who lack capacity.
    • The MCA also supports those who have capacity and choose to plan for their future – this is everyone in the general population who is over the age of 18.
    • All professionals have a duty to comply with the Code of Practice. It also provides support and guidance for less formal carers.
    • The Act’s five statutory principles are the benchmark and must underpin all acts carried out and decisions taken in relation to the Act.
    • Anyone caring for or supporting a person who may lack capacity could be involved in assessing capacity – follow the two-stage test.
    • The MCA is designed to empower those in health and social care to assess capacity themselves, rather than rely on expert testing – good professional training is key
    • If capacity is lacking, follow the checklist described in the Code to work out the best interests of the individual concerned
    • Understanding and using the MCA supports practice – for example, application of the Deprivation of Liberty Safeguards

    This video explains the MCA and how it can protect the right to make choices. For people who need the MCA, their carers, and others.

    View the full resource here

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