Mental Health Legislation—Mental Capacity Act

The Mental Capacity Act came into force this year. It aims to protect people with learning disabilities and mental health conditions, for example Alzheimer’s disease.

The act states that everyone should be treated as able to make their own decisions until it is shown that they can’t and that they should do this for as long as they are able.

There is a new criminal offence of neglect or ill-treatment of a person who lacks capacity.

The protections the Act puts into place

  • The person, while they are still able, can appoint someone (for example a trusted relative or friend) to make decisions on their behalf once they lose the ability to do so. This will mean they can make decisions on the person’s health and personal welfare in addition to financial matters
  • A checklist of things that decision makers must work through to ensure that decisions that are made on the person’s behalf are in their best interests
  • It introduces a code of practice for people such as healthcare workers who support people who have lost the capacity to make their own decisions
  • If someone has no-one to act on their behalf they will be able to leave instructions for their care under the new provisions

A new court—the ‘Court of Protection’—will be set up to consider financial or serious healthcare cases. The court will look at cases where the person’s carer and healthcare worker or social worker, disagree on what are the person’s best interests.

Independent Mental Capacity Advocate (IMCA)

Particularly vulnerable people who lack capacity to make their own decisions, and who have no relatives or friends to speak for them, will be supported and represented by an Independent Mental Capacity Advocate (IMCA) service.

Further sources of information

The Justice Ministry has published a series of booklets providing introductory information on the Mental Capacity Act. You can access these from their website (http://www.justice.gov.uk/) or order them from the Public Guardianship Office Customer Services on 0845 330 2900.

National Contacts

Mind: National Association for Mental Health
Granta House
15-19 Broadway
Stratford
London
E15 4BQ

Tel: 020 8519 2122
Email: contact@mind.org.uk
Website: www.mind.org.uk

The leading mental health charity, providing information, mail-order books and leaflets, legal advice. Information helpline Mindinfile -08457 660 163 open 9.15am – 5.15pm Mondays to Fridays. Mindlink is the Mind group for users and ex-users of mental health services, providing newsletter and contact lists.