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Mental Capacity Act 2005

Mental Capacity Act 2005

The Mental Capacity Act is all about making decisions.  It is law.

Some people are able to make every decision about their own lives. 

Some people are able to make some decisions.  

A small number of people cannot make any decisions.  Being unable to make a decision is called “lacking capacity”.

The Mental Capacity Act is about making sure that people have the support they need to make as many decisions as possible.

The Mental Capacity Act also protects people who need family, friends or paid support staff to make decisions for them.

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People making decisions for you


  • A Lasting Power of Attorney is someone you say can make some decisions for you in the future.
  • The law tells you how to create a Lasting Power of Attorney. You must do what the law says.
  • The Court of Protection can also decide on someone to make plans for you and that is called a Deputy.
  • This can be hard to understand and you should ask for help from your Independent Mental Health Advocate or someone else you trust

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Deprivation of Liberty Safeguards and you

Sometimes people need treatment or care from people like doctors and nurses or care workers.

People who are staying in a hospital or living in a care home should be treated or cared for in a way that means they are safe.

They should be free to do the things they want to do.

If you are stopped from doing the things you want all the time, this is called being deprived of your liberty. Sometimes people having treatment or care might
be deprived of their liberty to keep them safe.

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