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Worried about a friend or family member?

Mental Capacity lady

If you are able to make a particular decision for yourself you have 'mental capacity'. However, there are many reasons why you may not have capacity. These include having a permanent or long-lasting illness or disability or temporarily losing the ability to make a decision.

 

If you know someone who experiences mental distress, has a dementia diagnosis or has a learning disability you may be worried about their ability to make decisions and wondering how the Mental Capacity Act 2005 affects them.

 

Everyone has the right to make decisions about their life. Here is a range of resources to help you understand these rights and to signpost you to further help. 

Banking on good decisions

This booklet explains how the Mental Capacity Act 2005 can help people with mental health problems deal with their money when they go into banks, building societies and post offices.

 

 
The Mental Capacity Act 2005

Online information about mental capacity and how the Mental Capacity Act 2005 could affect you. It also provides information on how to get help if you are worried about your ability to make a decision.

 

Whose decision?

This study looks at how mental capacity is assessed and how decisions are made. The study reports the views of service users, carers and health and social care staff. 

 

Making Decisions Alliance Website 

This website explains who the Making Decisions Alliance was and why we campaigned for the Act. It also contains information about implementation of the Act.

 

Useful organisations

More information

 

England and Wales

Nearly all mental capacity issues come under the Mental Capacity Act (MCA) 2005.

 

Find out more on the Office of the Public Guardian website. For advice and information, call their Customer Services Unit on 0845 330 2900.

The Department of Health has more information about research, Independent Mental Capacity Advocates (IMCAs), and changes to the Mental Capacity Act that are due to come into force in April 2009.

 

Where can I find out more?

Office of the Public Guardian website website has links to the Code of Practice for the Act and booklets about the Act for:

 

  • people who may be unable to make some decisions for themselves who wish to plan ahead for the future

  • family, friends and unpaid carers people who work in health and social care

  • advice workers 

  • explaining about the Act in Easier Read

  • explaining the Independent Mental Capacity Advocate (IMCA) service 

 

The Social Care Institute for Excellence (SCIE) has free training materials available for anyone working in health and social care which help explain how the Act should be used

 

Scotland

For people living in Scotland nearly all mental capacity issues come under the Adults with Incapacity (Scotland) Act 2000.

 

Northern Ireland

Northern Ireland does not have mental capacity legislation so mental capacity issues are dealt with under common law.

 

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