MCA resource - about the MCA
The Mental Capacity Act 2005 came into force during 2007. A number of government departments sponsored its implementation: Ministry of Justice, the Department of Health, the Office of the Public Guardian and the Welsh Assembly Government.
SCIE, in partnership with the Department of Health, is involved in a post-implementation programme with the principle aim of sharing best practice about the MCA. In this section you will find tools, models and guidance to adopt and implement to suit your circumstances.
Background
The MCA is designed to protect and restore power to those vulnerable people who lack capacity – estimates suggest that as many as 2 million people in England and Wales could be affected.
The MCA also supports those who have capacity and choose to plan for their future – in effect all those eligible in the general population over the age of 18.
The MCA applies to everyone working in health and social care who is involved in the care, treatment and support of people aged 16 and over who live in England and Wales and who are unable to make all or some decisions for themselves. It is estimated that as many as 6 million people provide either paid or unpaid care or support to people lacking capacity.
The MCA also introduced new roles, bodies and powers in support:
- attorneys appointed under Lasting Powers of Attorney
- New Court of Protection, and court-appointed deputies
- Office of the Public Guardian
- independent mental capacity advocates (IMCAs) - See SCIE's IMCS resource for more information.
- advance decisions to refuse treatment
- criminal offence of ill-treatment or neglect.
