Guidance

Mental Capacity Act Code of Practice

Code of practice giving guidance for decisions made under the Mental Capacity Act 2005.

Document

Mental Capacity Act Code of Practice

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Details

The code of practice gives guidance to people who:

  • work with people who can’t make decisions for themselves
  • care for people who can’t make decisions for themselves

It says what you must do when you act or make decisions on behalf of people who can’t act or make those decisions for themselves.

The Mental Capacity Act 2005 (MCA) says certain people must think about the code of practice when they act or make decisions on the other person’s behalf. This includes:

  • an attorney appointed under a lasting power of attorney
  • a deputy appointed by the Court of Protection
  • an independent mental capacity advocate
  • a person doing research approved in accordance with the MCA
  • a person who acts in a professional capacity for, or in relation to, people who can’t make decisions for themselves
  • a person who is paid to act for or in relation to people who can’t make decisions for themselves

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Published 22 July 2013
Last updated 12 January 2016 + show all updates
  1. Added Welsh translation
  2. Changed link so it goes directly to Welsh language version
  3. First published.