What the act does
The Mental Capacity Act of 2005 is underpinned by five key principles:
- Every adult should be assumed to be capable of making their decisions unless proved otherwise
- Everyone should be given all the support they need to make their own decisions before they are judged incapable of doing this
- People should be able to make 'eccentric' or 'unwise' decisions – it is their capacity to make decisions, not the decisions themselves, that is the issue
- Anything done for or on behalf of people without capacity must be in their best interests
- Anything done for or on behalf of people without capacity should restrict their rights and freedoms as little as possible
Additionally, the act:
- Makes changes to enduring power of attorney and court protection arrangements, including the ability to make an 'advance decision to refuse treatment'
- Only applies to people aged 18 years and older
- Does not apply to people who are subject of a section under the Mental Health Act
- Requires that an independent mental capacity advocate (IMCA) service is commissioned by the relevant local authority and made available to 'decision-makers' in respect of people who are 'un-befriended'. For example they might not have family, friends, carers or significant others
Local implementation
South Gloucestershire is commissioning The Care Forum to act as the independent mental capacity service for South Gloucestershire from April 2007 and a local implementation group has been set up to oversee the implementation of the act.