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The Mental Capacity Act (MCA) 2005 provides a statutory framework to empower and protect vulnerable people who have reached the age of 16 or over (and younger people in certain circumstances) who may not be able to make their own decisions.

Purpose

The Act protects your finances and your health and welfare, if you are unable to make all your own decisions, professionals, in consultation with your friends, family or advocate will make a ‘best interests’ decision. The Act is supported by practical guidance called the Code of Practice and this explains how the Act operates on a day-to-day basis and offers examples of best practice to both carers and practitioners.

• Mental Capacity Act Code of Practice

• Easy Read summary of the guide

Making Decisions

At some point in the future, you may lack capacity (not be able) to make all your own decisions because of dementia, a head injury or stroke, a learning disability, an episode of mental illness or some other reason.  You may have the capacity to make everyday decisions, but not to make larger, more complex decisions. You may have the capacity to make decisions one day but not the next.  Your capacity to make decisions might improve or get worse over time. 

A helpful guidance document on exactly how to make Advance Statements and Advance Decisions to Refuse Treatment (designed by Yorkshire people for Yorkshire people) is available.

Who decides when you can’t?

An information leaflet - 'Making decisions about your health, welfare and finances … Who decides when you can't?' - was designed to help raise awareness of the Mental Capacity Act 2005.  It gives some basic information about how the Act could affect you and is available in a variety of languages.

• Leaflet in English

• Leaflets in other languages

Making decisions about your future care and treatment

Making an advance decision to refuse treatment

The Act makes provision for people who have capacity to plan ahead for a time when they may lack capacity and gives a power to staff (and others) working with people who lack the capacity to consent, to make decisions in the individual’s best interest.

• www.dca.gov.uk  (Page 64)

If there is a particular treatment that you would not consent to in the future, you can ensure that your wishes are followed should you lose the capacity to decide. This can be done by making clear your specific refusal regarding medical treatment. You should write down your advance decision and give a copy to key people, e.g., members of your family and your GP. If you cannot write, then tell them your advance decision.  More detailed information is available via the ‘Making Decisions about your future treatment’ link at the left hand side of this page. Further information may also be found in your doctors and dentists’ surgeries.

Making Decisions about your future treatment - www.adrtnhs.co.uk

Making Decisions – An Easyread guide - www.publicguardian.gov.uk