Mental Capacity Act 2005

Mental Capacity Act 2005

The Mental Capacity Act empowers and protects people who are not able to make their own decisions. This covers decisions about property and financial affairs, health, welfare and where they live.  It sets out who can make decisions, when and how. It applies to anyone aged 16 or over and sets out a framework for assessing whether a person lacks the mental capacity to make decisions for themselves. This might be because of brain injury; a stroke; dementia; mental health problems; alcohol or drug misuse; side effects of medical treatment; or other illness or disability.

If you lose the power to make certain decisions a lasting power of attorney (LPA) keeps those decisions with the people you trust.  A lasting power of attorney makes it easier for the people you trust to support you and, if needed, act for you when you may need it most. It could be temporary help to cover a short hospital stay, or longer-term support to manage decisions around your health and care. An LPA not only gives you a voice - it protects your choices.

Information leaflet Lasting Power of Attorney, Office of the Public Guardian (OPG) (PDF 285KB)

If you want to make an LPA you can do this online with step by step guidance to create your LPA before registering with the Office of the Public Guardian.

An eLearning resource to raise and awareness of LPS and how they protect the rights of adults and young people who lack capacity.  This e-learning resource is provided by E-learning for Healthcare