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The Mental Capacity Act

Lady Justice imageThe Mental Capacity Act (MCA) 2005 came into force in England and Wales in 2007. The Act aims to empower and protect people who may not be able to make some decisions for themselves. It also enables people to plan ahead in case they are unable to make important decisions for themselves in the future.

Most of the Act came into effect in October 2007, although some parts of it became law in April 2007.

Who does it apply to?

The Act applies to anyone aged 16 or over in England and Wales. It protects people with mental health problems as well as people with dementia, learning disabilities, or stroke or brain injuries. These people may find it difficult to make decisions some or all of the time. In addition, anyone can use the Act to plan ahead in case they are unable to make decisions in the future.

The Act applies to situations where people may be unable to make a particular decision at a particular time. For someone with a mental health problem, this will depend on how they are feeling or the impact of their condition on them at that time. In some cases, they may be able to make the decision at a later date.

The Mental Capacity Act sets out in law what happens when people are unable to make a particular decision.

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