The Mental Capacity Act 2005 came into force on 1 October 2007.

About the Act

The law affects anyone aged 16 or over who is unable to make some or all decisions. This could be because of:

• a learning disability
• mental health problems
• brain injury
• dementia
• alcohol or drug misuse, or
• side effects of medical treatment or any other illness or disability.

The law helps and supports you if:

• you currently find it difficult to make decisions some or all of the time or
• you want to plan ahead in case you are unable to make decisions in the future.

Further Information

There are several things you can do to prepare for the future either by setting some decisions in advance or by letting people know what you would like to happen if you lose the capacity to make decisions. It can also be helpful for your family, future carers and for the people you have chose to make decisions for you to have your wishes clearly outlined.

The Act allows you to appoint an attorney to make decisions about health and personal welfare decisions for a time in the future when you might lack capacity. See The Office of the Public Guardian website (link on right).

A summary of the Act is also available.

The Department for Constitutional Affairs has published introductory information booklets on the Mental Capacity Act - these are linked on the right . If you would like hard copies of these booklets please contact their publications orderline on Tel: 023 8087 8036/38.

An easy read version of the Mental Capacity Act is available by clicking on the following link. http://www.dca.gov.uk/menincap/mca-act-easyread.pdf

Deprivation of Liberty Safeguards


The Mental Capacity Act 2005 has recently been amended to provide greater protection for people who, for their own safety and in their own best interests, need to be cared for in a way that may deprive them of their liberty. Important further protections, known as the ‘deprivation of liberty safeguards’, have been developed and are planned to come into force on April 2009. See the Department of Health "Deprivation of Liberty" information.