The Mental Capacity Act 2005 (the Act) came into force in April 2007. The Act governs decision making on behalf of adults, where they lose mental capacity at some point in their lives or where the incapacitating condition has been present since birth.
The BMA mental capacity toolkit contains a series of cards relating to specific areas of the Mental Capacity Act 2005 (England and Wales). It is designed to raise awareness of the Act and to help you in good decision-making when you are providing care and treatment for people who lack, or who may lack, the mental capacity to make decisions on their own behalf. It covers issues such as:
The Adults with Incapacity Act 2000 provides ways to manage the financial and welfare affairs of people who are unable to manage them for themselves.
The approach in Northern Ireland is currently governed by common law. Legislation similar to that noted above is forthcoming in N. Ireland, you can follow its progress via the link below.
Subscribers to the members section of the FPM website will find a model Mental Capacity Act policy in the patient services index of the FPM policies and procedures library. If you are not a member, have a look at the information about the benefits of membership and how to subscribe.