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Mental Capacity Act: making decisions

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.

Advice workers

Health and care workers

Independent Mental Capacity Advocate services

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

Make decisions under the Mental Capacity Act

Published 30 September 2014
Last updated 9 June 2023 + show all updates
  1. 'Making finance decisions for young people: parent and carer toolkit' added.

  2. Independent mental capacity advocate services leaflet added.

  3. First published.