Mental Capacity Act (MCA) Directory

This factsheet outlines the responsibilities of a deputy, how to apply to becomeone, and factors to consider before deciding to do so.

This guidance explains how a person can manage a bank or building society account on another person’s behalf, including on behalf of a person who does not have mental capacity. It describes the circumstances in which this is possible and how it can be done. It also sets out the documents that need to be shown the bank or building society to be able to manage the account. This guidance applies to England and Wales.

Findings from a study to gather information from people who have experienced Do Not Attempt Resuscitation (DNAR) decision making, both since and prior to the Coronavirus pandemic. The report shows a worrying picture around the rights of involvement in care and treatment decisions, including DNARs. The evidence depicts serious issues of discrimination related to disability and age, and the intersection between the two, as well as other factors. Coronavirus has shone a spotlight on this, and some reported an increase in worrying DNAR decisions; but none of this is new, these problems are ongoing. The report’s key findings are: 100%...

This toolkit provides practical guidance to assist doctors in making decisions in the best interests of adults who lack capacity in England and Wales. It sets out an overview of the law; outlines a clear decision-making process to follow; and provides detailed practical advice as to who doctors should consult and the information they need in reaching a decision.

This toolkit acts as a prompt to doctors when they are providing care and treatment for people who lack, or who may lack, the mental capacity to make decisions on their own behalf.

The purpose of this document is to provide for social workers and those working in front-line clinical settings an overview of the law and principles relating to the assessment of capacity. Its focus is on (a) how to apply the MCA 2005 principles when assessing capacity; and (b) how to record your assessment, primarily in the context of health and welfare decisions. The courts have now considered questions of capacity on many occasions, sometimes giving guidance as to how the Act should be applied in general terms, and sometimes applying the Act to particular factual scenarios. The guide covers: key...

Practice guidance developed to help embed the Mental Capacity Act (MCA) throughout the commissioning process in adult social care. The guidance provides good practice principles which will allow for MCA compliant commissioning, benchmarking and quality assurance with providers. The MCA is built on five guiding principles to ensure a person centred approach to decision making. These principles provide a framework for social care commissioners when commissioning services for people who may be unable to make some, or all decisions, about their care. This guide provides a general overview of the MCA and commissioning MCA compliant services. It then provides a...

This note has been produced to offer guidance to Councils about when the intervention of the Court of Protection may be needed in relation to welfare decisions where a person lacks mental capacity for the decision. Any decision in relation to an application to Court must be informed by the Mental Capacity Act (MCA), the MCA Code of Practice and case law. This is a short summary and overview and not legal advice, which should always be sought in individual situations.

A brief overview of deprivation of liberty safeguards, looking at what deprivation of liberty means, its practical implications, and how it may affect family members or my friends.

The CQC report on a case where a deprivation of liberty was successfullychallenged.

Brings together all new DoLS forms, which are available to download using the links provided in this page. The forms have been reduced from 32 to 13.

This factsheet looks at the Deprivation of Liberty Safeguards (DoLS). These relate to people who lack the mental capacity to make decisions about their care and treatment, and who are deprived of their liberty in a care home or hospital. This factsheet covers what deprivation of liberty means, the required procedure for authorisation, what can be done if there are concerns a deprivation of liberty is unlawful, and the procedures and protections required once someone has been deprived of their liberty.