This factsheet outlines the responsibilities of a deputy, how to apply to become
one, 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.

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.

This resource provides information and advice about deputyship for a person with dementia. It covers the types of deputyship; duties of a deputy and limits to a deputy’s powers; how to apply to become a deputy for a person with dementia; who to inform when you become a deputy; supervision and support from the Office of the Public Guardian; deputies and dementia – frequently asked questions.

This factsheet explains how advance decisions and advance statements work,
and what they can and cannot do. It also provides practical advice to help
draft an advance decision.

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.

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 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.