A Guide to the Mental Capacity Act 2005

Setting the Scene

This first chapter sets the scene for the course and then goes on to explain the reasoning and meaning behind the Act.

Values and Decision Making

This chapter demonstrates the values that underpin the Act and shows how to support people to make decisions for themselves and, when that is not possible, how to play as big a role as possible in their own decision making.

Two Stage Test Assessments

In this chapter, we discuss how to use a two-stage test when assessing someone's capacity to make decisions for themselves at a specific time. We ten go on to explore what needs to be taken into account when determining what is in the best interests of an individual person with dementia.

Legal Protection

This chapter highlights what people providing care or treatment need to do to be legally protected under the Act. It then goes on to describe the roles of attorneys and the Court of Protection.

Advance Decisions, IMCA and Research

This chapter first looks at how advance decisions to refuse treatment can be made in advance for a time when the person in question may not have capacity to make such decisions at a time in the future. It then goes on to describe the new Mental Capacity Advocate Service (IMCA) and finally explores how the Act affects research projects.

Children and Young People

In this penultimate chapter, we look at how the Act affects children and young people and then go on to examine the difference between the MCA and the MHA.

Protections, Disagreements & Accessing Information

Yes, we've at last arrived at the last chapter. Congratulations for getting this far! The finale of this course comes in the form of a trio of subjects: how people who lack capacity to make decisions are protected; how to settle disagreements and disputes about issues covered in the Act; and finally, how access to information works within the Act.