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Mental Capacity Resources

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For further local and national information, guidance tools and training please visit Shropshire Council's Mental Capacity Act page

The Mental Capacity Act 2005 provides the legal framework to support decision making and where required, due to a lack of capacity at that particular time the ability to make specific decisions on behalf of the adult (16 and over) in their best interests.  

An assessment of capacity must be based on the person’s ability to make a specific decision at the time it needs to be made, not their ability to make decisions in general. Someone can lack capacity to make one decision but be able to make others. Everyone must apply the five guiding principles of the Mental Capacity Act:

  • An assumption of capacity
  • Supporting people to make their own decisions
  • People have the right to make eccentric or unwise decisions
  • Where someone lacks capacity staff must act in the person's best interests
  • Where someone lacks capacity any action, we take on their behalf must generally be the least restrictive option

The Act established criminal offences of ill-treatment and wilful neglect in respect of someone who lacks capacity.

The Act makes provision for people to plan for their future:

  • Making Advance decisions to refuse treatment.
  • Making Lasting power of attorney for financial affairs or health and wellbeing
Last Updated: 26 Oct 2022 10:59 AM

Related Links

  • National Institute for Care and Excellence - Decision Making and Mental Capacity
  • Ann Craft Trust - Capacity and Making Decisions
  • Essex Chambers - Guidance Note: Using the Inherent Jurisdiction in Relation to Adults
  • Social Care Institute for Excellence - Mental Capacity Act Principles
  • Mental Capacity Amendment Act introduces the Liberty Protection Safeguards

Related Documents

  • Deprivation Of Liberty Safeguards And You
  • Mental Capacity Act 2005
  • Professor Michael Preston Shoot Learning From Sars For
  • Shropshire Multi Agency Mental Capacity Act Mca Guidan

Warwickshire and West Mercia Community Rehabilitation West Mercia Police Shropshire Council Shropshire Telford and Wrekin Integrated Care System Shropshire Fire and Rescue Service

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