Mental Capacity Act 2005

The Mental Capacity Act (MCA) empowers and protects vulnerable people who are not able to make their own decisions.

This covers decisions about property and financial affairs, health, welfare and where they live.

It sets out who can take decisions, when and how. It applies to anyone aged 16 or over and sets out a framework for assessing whether a person lacks the mental capacity to make decisions for themselves. This might be because of brain injury, a stroke, dementia, mental health problems, alcohol or drug misuse, side effects of medical treatment, or other illness or disability.

The Act supports you if you want to plan in case you are unable to make your own decisions in the future, or if you currently find it difficult to make decisions some or all of the time as a result of illness or disability. It:

• applies to everyone involved in the care, treatment and support of people aged 16 and over living in England and Wales who are unable to make all or some decisions for themselves
• is designed to protect and restore power to those vulnerable people who lack capacity
• supports those who have capacity and choose to plan for their future - this is everyone in the general population who is over the age of 18
• has five statutory principles which are the benchmark, and must underpin all acts carried out and decisions taken in relation to the Act
• is designed to empower those in health and social care to assess capacity themselves, rather than rely on expert testing

Professionals and carers

• All professionals have a duty to comply with the Code of Practice (opens new window). It also provides support and guidance for informal carers. 
• Anyone caring for or supporting a person who may lack capacity could be involved in assessing capacity, and must follow the two-stage test.

View the easy read guide - Mental Capacity Act 2005 (PDF, 2 MB)(opens new window)

Further information

Social Care Institute for Excellence - Mental Capacity Act (opens new window)

Social Care Institute for Excellence - Mental Capacity Act Directory (opens new window)

Gov.uk - Mental Capacity Act Code of Practice  (opens new window)