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The MCA (Mental Capacity Act) Directory has been developed to provide a single space for the sharing of useful information and tools to aid the implementation of the Mental Capacity Act and Deprivation of Liberty Safeguards. Here you will find publications, videos, and academic research that professionals across Health and Social Care may find useful in their day-to-day practice.
This factsheet explains what advance decisions to refuse treatment (‘living will’) and advance statements are, why individuals might want to prepare one or both of them, requirements for drawing them up, and ways to ensure other people know they exist.
This guide can help service users make sure that their wishes are followed if – for whatever reason – they are no longer able to make their own decisions or tell people what they are. Whether it’s making a temporary arrangement to pay bills while they are in hospital or appointing someone they trust to manage their affairs for the longer term, this guide will take them through all the options, help them decide which ones are right for them and how to go about getting them sorted.
This resource explains different aspects of planning ahead for people who have dementia ('advance care planning'). Sections cover: what is an advance statement; why should I consider making an advance decision or advance statement; will the doctor have to follow my advance decision or advance statement; what an advance decision cannot do; how to make an advance decision; frequently asked questions.
Final report from the Law Commission's review of the Mental Capacity and Deprivation of Liberty Safeguards (DoLS), which considered how the law should protect people who need to be deprived of their liberty in order to receive care or treatment and lack the capacity to consent. The review found that DoLS were overly technical and legalistic, often failed to achieve any positive outcomes for the person concerned or their family, and could not deal with the increased numbers of people considered to be deprived of their liberty following the Cheshire West ruling. The report provides recommendations for the reform of...
This blog contains information on coronavirus and the Mental Capacity Act 2005 amongst other topics including a a dedicated space for resources on MCA.
This book is designed to help conduct robust assessments whilst at the same time enabling professionals to provide optimum outcome for those under their charge. It also aims help achieve these goals: set the threshold of understanding which is necessary for every assessment; clearly define seemingly ambiguous phrases such as ‘unwise decisions’ and ‘the functional test’; recording assessments ensuring they stand up to legal scrutiny.
This guidance note sits alongside our guidance note on carrying out and recording capacity assessments, and is designed to assist social workers and those working in frontline clinical settings when they asked to consider a person’s capacity to make a decision or decisions. As set out in our guidance note, the courts have now applied the MCA 2005 in respect of very many types of decision. In the course of doing so, they have given indications as to what they consider to be relevant (and sometimes irrelevant) information for purposes of those decisions – i.e. what the person must be...
39 Essex Chambers has developed an unrivalled set of resources for those seeking to apply and understand the Mental Capacity Act 2005, as well as to understand the place of mental capacity within the law more generally. ‘
A general discussion examining to the legal position in relation to testing for COVID-19, especially as testing (a) starts to be more generally available; and (b) is increasingly been rolled out as mandatory in certain settings. It primarily relates to the position in England in relation to those aged 18 and above; specific advice should be sought in respect of Wales and those under 18.
This website provides information and case examples on MCA practices with some focus on Court of Protection: health, welfare, Deprivation of Liberty and property and affairs.
Case law relating to health, welfare and deprivation of liberty.
This note provides an overview of the Department of Health and Social Care (non-statutory) guidance ‘Adult social care: our COVID-19 winter plan 2020 to 2021’. It discusses the key issues for local authorities, and in particular the interplay with the wellbeing principles of the Care Act 2014, including managing a potential conflict in terms of the wellbeing of both care home residents and those in the community with care and support needs as regards prevention of C-19. It also looks at the implications of the winter plan for the right to respect for family and private life, addressing the tension...
