Mental Capacity Act (MCA) Policy

Mental Capacity Act policy and appendices

• Mental Capacity Act (MCA) Policy
• Appendix - MCA 1 form - recording the outcome of an assessment
• Appendix 2 - Recording assessment of capacity for significant decisions
• Appendix 3 - Determination of best interests
• Appendix 4 - Best interests guidance
• Appendix 5 - Best Interests checklist
• Appendix 6 - Mental Capacity decisions flowchart
• Appendix 7 - Advance decision guidance
• Appendix 8 - Advance care planning - NHS guidance
• Appendix 9 - Lasting Powers of Attorney (LPA) checklist
• Appendix 10 - Guidance with applying to the Court of Protection
• Appendix 11 - Useful websites

What is MCA and why does it matter?

• You may be unable to make all your own decisions because of dementia, stroke or brain injury or a learning disability or mental health problem.
• 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.

For further information, see our What is mental capacity and why does it matter? leaflet.

How MCA affects family, friends and unpaid carers

The Act protects your rights and is relevant to anyone who has a relative or friend who may lack capacity. It covers major decisions about someone's property and financial affairs, health and welfare and where they live.

• It covers everyday decisions about personal care, when the person cannot make those decisions for themselves.
• It clarifies the process for caring for people who may lack capacity.
• It clarifies how decisions should be made for your relative or friend if they are unable to make those decisions for themselves.
• It sets out when you should be consulted about decisions made on behalf of your relative or friend.
• It sets out how your relative or friend is protected when others are making decisions on their behalf.
• It enables you to plan for a time when you may lack capacity.

You can find out more about mental capacity and planning ahead including making and registering a Lasting Power of Attorney on the Government's website.

What if a person has nobody to support them?

The Independent Mental Capacity Advocate (IMCA) Service provides an independent safeguard to support people who lack capacity to make important decisions for themselves and who have nobody to support them.

Visit the advocacy section on our website to find out more.

Useful MCA resources

• MCA - easy to read guide
• MCA - code of practice
• Making decisions about your health, welfare and finances... who decides when you can't?
• How to make decisions under the Mental Capacity Act
• NHS - what is the Mental Capacity Act?
• Social Care Institute for Excellence - Mental Capacity Act resource
• Age.uk - Power of attorney
• Gloucestershire Safeguarding Adults Board

Liberty Protection Safeguards (LPS)

The Liberty Protection Safeguards (LPS) were introduced by the Mental Capacity (Amendment) Act 2019 and are intended to replace the Deprivation of Liberty Safeguards (DoLS).

LPS will provide a legal framework for authorising arrangements that may amount to a deprivation of liberty for people who lack capacity to consent to their care. The framework is designed to apply to people aged 16 and over and across a range of settings, including care homes, hospitals and community settings.

LPS are not currently in force. National implementation arrangements are under development, including a further consultation to inform future policy and the updated Mental Capacity Act Code of Practice.

Until LPS are implemented:

• Deprivation of Liberty Standards (DoLS) remain the statutory framework for authorising deprivation of liberty.
• Existing duties under the Mental Capacity Act 2005 continue to apply.

Gloucestershire County Council will continue to monitor national developments and update this information when further guidance is issued.