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about the act

about the act

The Mental Capacity Act 2005 reforms and clarifies the law about the decisions which need to be made on behalf of those who lack mental capacity. The Act should not be perceived as legislation relevant only for professionals working in the mental health sector. It cuts across the service provision of an organisation, whether in a hospital, care home or community setting. It also provides opportunities for the mentally capacitated to plan for their possible future mental incapacity. The Act therefore has the potential to impact the whole of the adult population of England and Wales. The Department of Health and Welsh Assembly Government have already identified the significant training implications for the Act, which was implemented in April 2007.

The Act is accompanied by a 'Code of Practice' which gives essential guidance on the implementation of the key principles.  The Code can be accessed from our resource page.