Mental Capacity Act
What is it?
The Mental Capacity Act (MCA) protects your money, health and welfare, if you can't make all your own decisions.
- 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 more information on mental capacity, see our leaflet "What is mental capacity and why does it matter?"
How does it affect 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 can't 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 gov.uk website.
What if a person has nobody to support them?
Independent Mental Capacity Advocate (IMCA) Service
The main duty of the IMCA service is to provide an independent safeguard to support people who lack capacity to make important decisions for themselves and who have nobody to support them.
Visit the POhWER GloucestershireOpens new window to find out more.
Mental Capacity Act Training
For information on MCA training within Gloucestershire, click here
- Mental Capacity Act Policy
- Appendix 1 - MCA1 – Capacity Assessment Day to Day decisions
- Appendix 2 - MCA 2- Capacity Assessment Significant decisions
- Appendix 3 - Best Interest Decision form
- Appendix 4 - Best Interest Guidance
- Appendix 5 - MCA 5 – Best Interest Checklist
- Appendix 6 - MCA5 – MCA Flowchart
- Appendix 7 - MCA 6 Advance Decisions Guidance and Checklist
- Appendix 8 - MCA 7 Advanced Care Planning Guide
- Appendix 9 - MCA 9 LPA Checklist
- Appendix 10 - MCA10 Applications to the Court of Protection – ADSS Guide
- Appendix 11 - Useful websites