This factsheet explains what an advance decision is, what it can and cannot be used for, and how to make one.

This practical guide includes information to understand how treatment and care decisions are made, how individuals can plan ahead to ensure they stay in control of these decisions, and who to talk to and share their wishes with.

This booklet supports individuals to talk about their wishes for care and treatment with their family, friends and doctor.

Brief guidance on Court appointed deputies and independent mental capacity advocates.

This is the transparency order template, and includes explanations and guidance. The Court of Protection is testing a new way of having hearings. For the time being, hearings will be in public, but no-one will be allowed to name the people involved. If individuals want their hearing to be in private instead, they can ask the judge. They will need to explain in writing why their case should be treated differently to the other cases.

This website provides information about all aspects of the Mental Capacity Act 2005 including the Deprivation of Liberty Safeguards. Note the website has not been updated since 2009 so should be used with caution.

This report explores the context in which the decision of whether to use the MHA or the MCA to authorise a deprivation of liberty is made and the different factors that practitioners use to assess and weigh up which Act is most appropriate and ‘least restrictive’ for the individual concerned. The research used a mixed-methods approach with an online survey to capture the diversity of factors that influence decision-making across clinical groups, and qualitative interviews with clinicians and professionals to explore in depth their understanding of the interface and experiences of making this decision in practice. A large proportion of participants in this research report encountering people to whom this decision applies at least once a month, if not weekly. This decision most commonly applies to people who have dementia, but also to people with a wide range of mental disorders, including those with functional mental illnesses, neurodevelopment and neurological conditions. Participants report most commonly applying this decision to people in community settings, but application also occurs in mental health and acute hospitals including in the emergency department. There is a lack of common understanding around fundamental issues on which this decision is based including core concepts of capacity and objection. Blanket rules exist within professional groups and across different settings that restrict decision-making. The rights afforded to people admitted and treated in some settings and areas of England may not be afforded to those in others. The majority of participants report that their training covered decision-making at the interface of the Acts. However, codes of practice and case law are described as difficult to understand and keep up to date with. Understanding clinical decision-making at the in. Practitioners highlight a number of different ways in which patients are unlawfully deprived of their liberty as a result of the factors outlined above.

This hub brings together guidance and resources relating to mental capacity, deprivation of liberty and best interests. It covers: the key steps to follow when assessing capacity or making a best interests decision; using the Guzzardi test to determine whether a situation amounts to a deprivation of liberty; what case law says about the capacity to consent to sexual relations and marriage. It also allows to test the knowledge of the law on mental capacity and deprivation of liberty (only available to organisations with a workforce licence).

Annual report of the Chair of the National Mental Capacity Forum, covering the Forum’s work over the year, the Chair’s priorities for the coming year, and details of Forum members. Each chapter describes the achievements and ongoing work against the four priorities for 2017: Improving understanding; Hearing the voice of the person; Supporting carers; and Reducing and preventing exploitation. Achievements include the development of guidelines and training material for front line staff in the financial and banking sector and increased awareness of fraud and scam and the risks for people ‘in vulnerable circumstances.’ The report includes illustrative good practice examples of initiatives relevant to the implementation of the Mental Capacity Act.

This web page shares a marketing toolkit designed for organisations to use and raise awareness among customers and employees to spot, stop
and prevent a scam. It includes logos, brochure, banner, posters and social media.

This document contains the advance decision to refuse treatment form – the form sets out the situations in which individuals want to refuse medical treatment if they are unable to make or communicate that decision in the future; and guidance notes – this gives information to help people complete the form. The notes explain when an advance decision would be used and offers support to consider the wishes.

This factsheet provides essential information on advance decision, lasting power of attorney for health and welfare, and capacity.