Subjects:

Medical Law

The Mental Capacity Act 2005 creates statutory provisions to empower and protect vulnerable people who lack the mental capacity to make their own decisions. Issued on 23 April 2007, the Code of Practice provides guidance on how the provisions of the Act will work on a daily basis for those caring for, or working with, people lacking mental capacity.

The Code is important for professionals - such as doctors and social workers - but family, friends, and unpaid carers will also find it helpful. While certain groups of people are legally required to have regard to the Code when acting or making decisions on behalf of people lacking capacity, those who are not legally required to have regard to the Code are still encouraged to use it as a good practice guide.

The Code incorporates good practice and case studies, and demonstrates how the principles of the Act can be applied flexibly in particular circumstances.

The Mental Capacity Act 2005 Code of Practice (2007 Final Edition) has superceded The Mental Capacity Act 2005 Code of Practice (2007 Draft Edition) (ISBN 0117037346 - out of print, no longer available to purchase).