Mental Capacity Act 2005

The Mental Capacity Act 2005 came into force April 2007 to empower and protect people who do not have the ability’ to make their own decisions, especially about things like finance, social care, medical treatment and research arrangements.
This could be because they have:

  • A learning disability
  • Dementia
  • A mental health problem
  • A brain injury or a stroke

The law aims to ensure that people who lack capacity to make decisions by themselves get the support they need to be as involved as possible in decisions about their lives. It also outlines how an assessment of mental capacity should be made, in which situations other people can make decisions for someone who cannot act on their own and how people can plan ahead in case they become unable to make decisions in the future.

In April 2009, the Deprivation of Liberty Safeguards (DOLS) came into effect to protect vulnerable adults who, for their own health and safety, need to be accommodated under care and treatment regimes but who lack the ability to give consent for this to happen.

More Information

Please use the link below for more information on DOLS.

You can also get leaflets and booklets explaining the Mental Capacity Act 2005 from the Department of Health website - link below.