Mental Capacity Act
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The Mental Capacity Act comes into force in April 2007 for everyone over the age of 16.
It is designed to protect people who are unable to make decisions because they do not have the mental capacity.
Local authorities have been implementing procedures since 2006 to make provisions for the Act.
[edit] Key features of the Act
- The Act assumes that everyone can make their own decisions – just that some people need support.
- The Act makes provision for people to plan ahead for a time when they may need support.
- The Act is decision specific. That is it deals with a difficulty a person may have with a particular issue.
- Best Interest. The Act is concerned with what is best for the individual.
- Court of Protection. A court will help with difficult decisions.
- IMCA. An Independent Mental Capacity Advocate service will provide help for people who have no intimate support network.
- The PGO (Public Guardianship Office), the administrative arm of the Court of Protection, will help the Act work.
- The Act makes it a criminal offence to wilfully neglect someone without capacity.
- There are various booklets available on the Code of Practice.
