Mental Capacity Act 2005

An Act to make new provision relating to persons who lack capacity; to establish a superior court of record called the Court of Protection in place of the office of the Supreme Court called by that name; to make provision in connection with the Convention on the International Protection of Adults signed at the Hague on 13th January 2000; and for connected purposes. [7th April 2005]

As taken from legislation.gov.uk Mental Capacity Act 2005.

If you can't make decisions for yourself because you don't have the mental capacity to make them, the Mental Capacity Act 2005 tells you:

• What you can do to plan ahead

• How you can ask someone else to make decisions for you

• Who can make decisions for you if you haven't planned ahead

The Mental Capacity Act says you have these rights:

• You'll be assumed to have capacity, unless you've had an assessment showing that you don't.

• All decisions made for you when you've lost capacity should be made in your best interests.

• Your liberty can only be taken away from you in very specific situations. This is called a deprivation of Liberty. It should only be used if it's the least restrictive way of keeping you safe or making sure you have the right medical treatment.

• You may have the right to get support from an advocate in certian circumstances. This is someone who listens to what you want and can speak for you, if that's what you want. But they don't have the lagal authority to make financial or personal decisions for you.

• A deputy is a person appointed by the court to make financial or personal decisions for you. They can do this when you've lost capacity to make those decisions for yourself.

• The Court of Protection can make a decision over any doubts about what an advance decision means. They can also decide what an attorney under a lasting power of attorney, or a deputy, is allowed to do.

• You can appoint an attorney while you have capacity. They can make financial or personal decisions for you when you've lost capacity.

• You can make an advance decision. These only cover refusals or treatment and are legally binding.

• You could also make an advance statement. Advance statement cover a wider range of issues and aren't legally binding. But your wishes and feelings should be consulted once you've lost capacity.