Mental Health Blog

Mental Capacity Act 2005 – Code of Practice Consultation

Significant changes to the law and how care is provided to people lacking mental capacity are set out in a new draft Code of Practice which has just been published.

The Mental Capacity Act 2005 provides for the first time a legal framework and clear safeguards for acting and making decisions on behalf of people who are unable to do so for themselves, and for those wishing to make provision in the event they lack capacity themselves in the future.  The provisions are likely to come into effect around April 2007, although this has not been finally confirmed.

The Code of Practice provides guidance and information for those working with or caring for those who cannot make decisions for themselves, or who have a limited capacity to do so without assistance.  It sets out good practice in caring for those in need and covers an extensive range of different roles, circumstances and decisions that might need to be taken.


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