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Mental Capacity

If you do not have the mental capacity to make a decision that needs to be made, for example about healthcare or residential care then professionals should carry out a mental capacity assessment of you before an important decision can be made on your behalf, although in an emergency, this might happen before the assessment is done.

Any decisions made must follow the principles of the Mental Capacity Act.

Mental Capacity Act 2005

The legal framework provided by the Mental Capacity Act 2005 is supported by the Code of Practice, which provides guidance and information about how the Act works in practice.  The Code has statutory force, which means that certain categories of people have a legal duty to have a regard to it when working with or caring for adults who may lack capacity to make decision for themselves.

You can find out more by viewing the documents below:

HSAB Mental Capacity Act documents:

MCA Leaflet for Professionals

HSAB Mental Capacity Act Policy

To aid professionals an exemplar form has been created for recording best interest decisions, you can download this from here