Signposts to key information on mental capacity and power of attorney, and to the relevant legislation, including: the Mental Capacity Act 2005 (England and Wales; the Mental Health (Northern Ireland) Order 1986; and the Adults with Incapacity (Scotland) Act 2000.

This resource will support practitioners working in statutory social care or healthcare to understand the Act and practice confidently when supporting people to make decisions, assessing mental capacity and applying the Best Interests principle.

This document guides carers of people living with dementia through the process of making difficult decisions during the Covid-19 pandemic whilst taking into consideration wishes and preferences of those they care for and the legal aspects of making decisions. The guide covers a number of decisions carers may need to make if the person they are caring for has or is suspected to have Covid-19. These include decisions such as how to care for them if they are unable to visit them, whether they should go to hospital if they become unwell and what it means to have a do not attempt cardiopulmonary resuscitation order. The guide also provides useful tips for carers such as the Covid-19 symptoms to watch out for which may differ to the commonly recognised symptoms, where to find help and support when making decisions and how to look after yourself as a carer. Topics covered include: thinking about any existing advance care plans; wishes and preferences; legal aspects of decision making; managing care at home; supporting someone in a care home; admitting them to hospital if they are very unwell; support for carers; and how carers can look after themselves during coronavirus and beyond.

Information covering the MCA, how its assessed, helping people to make their own decisions, best interests, Lasting Powers of Attorney, the Court of Protection, and professionals’ duties under MCA.

This guideline covers decision-making in people 16 years and over who may lack capacity now or in the future. It aims to help health and social care practitioners support people to make their own decisions where they have the capacity to do so. It also helps practitioners to keep people who lack capacity at the centre of the decision-making process. It includes recommendations on supporting decision-making, advance care planning, assessing mental capacity to make specific decisions at a particular time, and best interests decision-making. The guideline should be read in conjunction with the Mental Capacity Act 2005. It does not cover Deprivation of Liberty Safeguards processes.

This quality standard covers decision making in people aged 16 and over, who use health and social care services and may lack capacity to make their own decisions (now or in the future). It aims to support implementation of the aims and principles of the Mental Capacity Act 2005 and relevant Codes of Practice but it is not a substitute for these. The standard covers: supported decision making; advance care plans; assessment of capacity; and best interests decision making.

This practice guide has been commissioned by the Department of Health to help frontline social and health professionals decide whether an individual they are concerned with may be deprived of their liberty due to the type of care or treatment that they are receiving or the level of restrictive practices that they are subject to. It focuses on the practical application of the legal principles. Part I provides details of the legal framework that governs deprivation of liberty and outlines the central principles of Article 5 European Court of Human Rights (ECHR). It then summarises the key elements of the Cheshire West decision. Part II details the most common settings in which a deprivation of liberty may occur: hospitals; psychiatric care; care homes; supported living services, such a shared lives schemes and extra care housing; Deprivation of liberty at home; and under 18s. For each setting the guidance identifies some of the factors that may point towards there being a deprivation of liberty; suggests scenarios which are very likely to/may/or not amount to a deprivation; and poses a number of questions that professionals can ask themselves when making decisions. The document includes links case law throughout. Part III provides summaries of key legal cases and further information and resources. The guidance is primarily relevant to the position in England and Wales. Quick reference guides covering each individual setting are also available.

Mental capacity assessment for complex decisions form. Includes guidance on when to use this form and when to use the mental capacity assessment for day to day decisions (less complex decisions).

Mental capacity assessment for day to day decisions (less complex decisions) . Includes guidance on when to use this form and when to use the mental capacity assessment for complex decisions form.

The Mental Capacity Act (MCA) was developed to co-ordinate, bring together and simplify the law about the care and treatment of people who lack capacity. This document provides information and guidance for adult social care workers on the key principles and provisions of the Mental Capacity Act 2005 and considers how social workers can apply its principles to their practice. Areas covered include Best interests, Advanced decisions, Five principles of the Act, Assessing capacity and decision making. It is designed to be used by social workers at all levels, from front line practitioners to senior social workers, social work supervisors and managers, to help social workers to develop their skills in supporting individuals who may lack mental capacity. The document includes short case examples and reflective exercises throughout.

This collection of e-booklets and factsheets covers many of the symptoms and practical and legal issues associated with a brain injury. The legal issues section contains factsheets and guidance on disability discrimination law; insurance policies after brain injury; personal injury trusts; Adults with Incapacity (Scotland) Act; the Mental Capacity Act; the Mental Health Act in Scotland; claiming compensation after brain injury; and supporting decision making after brain injury.

Annual report of the Chair of the National Mental Capacity Forum, examining the Forum’s work over the year, the Chair’s priorities for the coming year, and details of Forum members. The report covers: the five principles of the Mental Capacity Act 2005; progress against priority actions from previous year; education and training; independent, daily living; the Court of Protection; supported living standards and inspections; supported decision-making; fluctuating capacity; best interest decision-making; the interface between the Mental Health Act (MHA) and the MCA; and the Mental Capacity (Amendment) Act 2019. The document also sets out the National Mental Capacity Forum’s priorities for the coming year, including revising the Code of Practice for the MCA; reviewing the rights and ability of people to form a relationship and show affection, including sexual expression of affection, between consenting adults; promoting support for people to make their own decisions; and commissioning a specific report into the deterioration in culture that occurs in some care settings, particularly how it relates to ongoing training and other aspects of individual staff support provided in these settings.