Mental Capacity Act 2005

The Mental Capacity Act 2005 (MCA) provides the legal framework to protect and empowers individuals who may lack the Mental Capacity to make their own decisions about their care and treatment. It is a law that applies to individuals aged 16 and over.

Examples of people who may lack capacity include those with:

• Dementia;
• A severe learning disability;
• A brain injury;
• A mental health condition;
• A stroke; or
• Unconsciousness caused by an anaesthetic or sudden accident.

In all cases a person must be presumed to have capacity unless a Mental Capacity Assessment has proved otherwise.