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The Mental Capacity Act Back to Basics What is the Mental Capacity Act 2005 (MCA)? The MCA was enacted to protect those people who lack capacity to make decisions for themselves and it provides the legal framework for acting and making decisions on their behalf. The MCA is designed to empower people to make decisions for themselves where possible, and protects people who lack capacity by placing individuals at the centre of the decisionmaking process. The MCA introduced the Court of Protection, a court with the authority to make decisions on behalf of someone who lacks capacity. These decisions can include placing restrictions on a person’s liberty, granting a power of attorney or appointing a deputy to manage the person’s affairs. Who does the MCA apply to? The MCA applies to everyone involved in the treatment or care of people aged over 16 in England and Wales, including social workers, therapists and doctors. These professions are under a duty to know how to apply the MCA in their role.
Empowering people to make decisions for themselves, and protecting them when they cannot, is a key feature of the Mental Capacity Act 2005. Paul Kelly, associate solicitor at Slater and Gordon, discusses the legislation and answers some of the key questions around its powers and impact 76
What are the key principles of the MCA? The MCA contains 5 key principles: 1 . A person must be assumed to have capacity unless it is established otherwise. 2 . A person must not be treated as unable to make a decision unless all practicable steps to help them to do so have been taken. 3 . A person is not to be treated as unable to make a decision just because a decision is unwise. 4 . A decision made in accordance with the MCA must be in the person’s best interests. 5 . Before a decision is made, it must be considered if the decision can be made in a way which is least restrictive of the person’s rights. How do you know if a person lacks capacity? The MCA confirms in legislation that anyone aged 16 or over should be presumed to have capacity unless it is shown otherwise.
