Your wellbeing and health
Mental Capacity Act 2005
Making Decisions
The Mental Capacity Act provides several ways that people can influence what happens to them if they are unable to make particular decisions in the future, including advance decisions to refuse medical treatment, written statements of wishes and feelings, and creating a Lasting Power of Attorney (LPA).
It clarifies the actions that can be taken if someone lacks capacity, and the legal safeguards that will govern this including Court Appointed Deputies.
It establishes an obligation to consult people who are involved in caring for the person who lacks capacity and anyone interested in their welfare about decisions affecting that person.
There is a new safeguard, the Independent Mental Capacity Advocate (IMCA), to represent someone who lacks capacity to make certain important decisions and has no one else who can be consulted.
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