This factsheet explains what an LPA is and why individuals might consider making one. It also provides practical advice and information about how to appoint an attorney, and what powers can be given to them.

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 principles; what it means to lack capacity to make a decision; fluctuating capacity; good capacity assessment and recording; and useful resources.

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 list of areas to question for: each of the five guiding principles of the MCA; Lasting Power of Attorney; Advance decisions to refuse treatment; Independent Mental Capacity Advocate; and for audit and governance. A suggested template for commissioning activity with an MCA focus is also included.

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 successfully
challenged.

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.

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 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 able to understand, retain, use and weigh to able to make the decision. This guidance note pulls together the guidance given in relation to some of the most common decisions that are encountered in practice in the context of health and welfare matters.

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.

Case law relating to health, welfare and deprivation of liberty.