Court of Protection forms including the applications to make decisions on someone’s behalf; to become someone’s deputy; to authorise a deprivation of liberty; and applications relating to powers of attorney.

This page relates to decision making under the Mental Capacity Act (MCA). It provides information on the Code of Practice, health and care workers who give advice as part of their job, plus information about the Independent mental capacity advocate (IMCA) service and the benefits of the service.

Emergency guidance for health and social care staff in England and Wales who are caring for adults who lack the relevant mental capacity to consent to their care and treatment during the coronavirus (COVID-19) Pandemic. This document provides additional guidance to supplement ‘The Mental Capacity Act (2005) (MCA) and deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic’, which was published in April 2020. It includes guidance on: testing someone who lacks the relevant mental capacity; providing life-saving treatment to someone who lacks the capacity to consent; hospitals and care homes; and using emergency public health powers when someone who lacks relevant capacity needs to be isolated because they have symptoms and are not following public health advice. [First published 29 May 2020; last updated 12 January 2021]

This introductory guide is for people detained under sections 2 and 3 of the Mental Health Act, or people who are in hospital as a voluntary patient. A voluntary patient (also called an informal patient) is someone who is in hospital but is not detained under the Mental Health Act. Sections cover: why am I being detained; how should the decision to detain me be made; your right to speak to an independent mental health advocate; what can you or your nearest relative do if you think that you shouldn’t be in hospital; and additional guidance for those who need to stay in hospital and extra help for disabled people.

This introductory guide is for people detained under section 35, 36, 37, 37/41, 38, 45A, 47, 47/49, 48 or 48/49 of the Mental Health Act. These are people who are suspected or have been convicted of a crime and the courts and doctors have decided that they need to stay in a mental health hospital to get support and care for their mental health condition. The guide explains what rights individuals have and what should happen to them at different stages through their journey in hospital. There are six parts to this guide. The first four parts (A-D) relate to the different stages of stay in hospital in time order, covering: the decision to detain; being detained in hospital; staying in hospital; and leaving hospital. Part E explains how to make a complaint at any stage of one’s stay in hospital; and Part F explains some of the key terms used in this document.

This introductory guide is for people detained under section 35, 36, 37, 37/41, 38, 45A, 47, 47/49, 48 or 48/49 of the Mental Health Act. These are people who are suspected or have been convicted of a crime and the courts and doctors have decided that they need to stay in a mental health hospital to get support and care for their mental health condition. The guide explains what their rights are and what should happen to them at different stages through their journey in hospital. Sections cover: which section of the Mental Health Act can I be detained under; how should the decision to detain me be made; your right to speak to an independent mental health advocate; what can you or your nearest relative do if you think that you shouldn’t be in hospital; and additional guidance for people who need to stay in hospital and how disabled people can get extra help.

This guidance provides a framework to help doctors to make decisions with their patient about their treatment and care. By following it, it will help doctors make sure they have informed consent from their patients. And that they involve families and others when it’s appropriate. It has advice on: what to tell a patient when talking about risks; what to do if a patient doesn’t want to hear information that may be relevant; when to obtain written consent; what needs to be recorded. The guidance will also help doctors when their patients lack capacity (Part 3). It includes a list of things they should consider and has advice on dealing with disagreements.

This interactive tool will help health professionals decide what to do when in doubt about their patient’s capacity to make decisions about their care. The advice is based on the principles in BMA guidance ‘Consent: patients and doctors making decisions together’ and ‘Treatment and care towards the end of life: good practice in decision-making’.

This guidance provides an overview of deputyship. It covers: who can apply to be a deputy; responsibilities; apply to be a deputy; fees; after you’ve applied; when you’re appointed; supervision, support and visits; accounts, gifts and expenses; complete your deputy report; change your deputyship or make a one-off decision; end your deputyship.

Annual report and fees forms and guidance for anyone appointed as a deputy.

This guide is for people detained under section 2 and 3 of the Mental Health Act or if you are staying in hospital as a voluntary patient. A voluntary patient (also called an informal patient) is someone who is in hospital but is not detained under the Mental Health Act. They can leave hospital at any time. However, if health professionals are concerned about their safety or the safety of others, they can stop them from leaving for up to 72 hours. The guide explains what rights individuals have and what should happen to them at different stages through their journey in hospital. There are six parts to this guide. The first four parts (A-D) relate to the different stages of stay in hospital in time order, covering: the decision to detain; being detained in hospital; staying in hospital; and leaving hospital. Part E explains how to make a complaint at any stage of one’s stay in hospital; and Part F explains some of the key terms used in this document.

This opinion piece by a lay former family-carer argues that the MCA is a somewhat ugly camel, not the beautiful horse many people think it is. The author contends the Act never specifies who can be a best-interests decision-maker; it allows a legally-authorised, but crucially not medically or legally trained, layperson to be appointed as a health and welfare attorney and control best-interests decision-making; and the Act establishes further Codes to be ‘regarded by’ various categories of people, but not by normal family carers, who must obey the Act, but are not required to ‘have regard to’ the Code.