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Mental Capacity Act


The Mental Capacity Act PDF, fully implemented in October 2007, sets out the statutory framework for planning for a time when capacity may be lost and for providing assessment, care and treatment to someone considered to lack capacity. The Act has many aspects that apply to those aged 16 and 17, with all of the Act applying to those aged 18 and over.

The Act is the first of its kind to introduce statutory advocacy services, the Independent Mental Capacity Advocate (IMCA). These are specifically appointed people who have undertaken an approved course and are available to those people who lack capacity and have no family or friends to advocate on their behalf.

  A Code of Practice, additional documents, information booklets and specialist guidance have been developed to support the implementation of the Act. This information is available on:


The Department of Health

The Department for Constitutional Affairs 

(this website still holds information, although the DCA has become part of the Ministry of Justice)



In supporting people to make their own decisions and in making decisions for others, the Act provides a statutory framework for our actions.  Where it is possible to demonstrate that actions and decisions made are in line with the principle and powers fo the Act there is protection from liability.  More information about Best Interset Decision Making and Care Planning at End of Life can be found here



End of Life Care
Downloads   End of Life Care Strategy:PDF 
Downloads   Best Interests at end of life:PDF
Downloads   Advance Care Planning:PDF
Downloads   Preferred Priorities for CarePDF
Take a look in our library for a wide selection of documents and resources.