Mental Capacity Act 2005
The Mental Capacity Act 2005 became fully implemented from 1st October 2007. The Act provides a framework for assessing a person's mental capacity and determining their best interests, if they lack capacity to make a decision. The Act provides safeguards and limitations for when you are working with someone who lacks the capacity to consent to receiving care or treatment.
A code of practice explains how the new law will work. The act says professionals and paid carers, among others, must have regard to the code.
Copies of the code of practice can be accessed at the Department of Constitutional Affairs (DCA)
