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Mental Capacity Act: making decisions

• From: Office of the Public Guardian
• First published: 30 September 2014
• Last updated: 22 October 2014, see all updates

How to make decisions under the Mental Capacity Act 2005.

The Mental Capacity Act 2005 covers people in England and Wales who can’t make some or all decisions for themselves. The ability to understand and make a decision when it needs to be made is called ‘mental capacity’.

Mental Capacity Act Code of Practice

People working with or caring for adults who lack capacity to make decisions for themselves have a legal duty to consider the Code of Practice.

1. Mental Capacity Act Code of Practice

   • 12 January 2016
   • Guidance

Advice workers

1. Advice workers: Mental Capacity Act decisions

   • 31 March 2009
   • Guidance

Health and care workers

1. Health and social care workers: Mental Capacity Act decisions

   • 31 March 2009
   • Guidance

Independent Mental Capacity Advocate services

Independent Mental Capacity Advocate services can support the views and rights of people who lack mental capacity.

1. Independent mental capacity advocates

   • 27 November 2007
   • Guidance

Make decisions under the Mental Capacity Act

1. Making decisions: who decides when you can’t?

   • 19 April 2009
   • Guidance

Document information

Published: 30 September 2014

Updated: 22 October 2014

+ full page history

1. 22 October 2014 Independent mental capacity advocate services leaflet added.
2. 30 September 2014 First published.

From: Office of the Public Guardian