Mental Capacity Act 2005
Explains how the Mental Capacity Act affects you and how you can plan ahead for when you no longer have the mental capacity to make decisions for yourself. Applies to England and Wales.
Overview
If you can’t make decisions for yourself because you don’t have the mental capacity to make them, the Mental Capacity Act 2005 tells you:
- What you can do to plan ahead
- How you can ask someone else to make decisions for you
- Who can make decisions for you if you haven't planned ahead
Quick facts
The Mental Capacity Act says you have these rights:
- You'll be assumed to have capacity, unless you've had an assessment showing that you don't.
- All decisions made for you when you've lost capacity should be made in your best interests.
- Your liberty can only be taken away from you in very specific situations. This is called a deprivation of liberty. It should only be used if it's the least restrictive way of keeping you safe or making sure you have the right medical treatment.
- You may have the right to get support from an advocate in certain circumstances. This is someone who listens to what you want and can speak for you, if that's what you want. But they don't have the legal authority to make financial or personal decisions for you.
- A deputy is a person appointed by the court to make financial or personal decisions for you. They can do this when you've lost capacity to make those decisions for yourself.
- The Court of Protection can make a decision over any doubts about what an advance decision means. They can also decide what an attorney under a lasting power of attorney, or a deputy, is allowed to do.
- You can appoint an attorney while you have capacity. They can make financial or personal decisions for you when you’ve lost capacity.
- You can make an advance decision. These only cover refusals of treatment and are legally binding.
- You could also make an advance statement. Advance statements cover a wider range of issues and aren't legally binding. But your wishes and feelings should be consulted once you’ve lost capacity.
Capacity
'Capacity' means the ability to understand information and make decisions about your life. Sometimes it can also mean the ability to communicate decisions about your life.
For example, if you do not understand the information and are unable to make a decision about your treatment, you are said to 'lack capacity' to make decisions about your treatment.
See our pages on the Mental Capacity Act for more information.
Visit our full listing of Legal TermsMental Capacity Act 2005 (MCA)
The Mental Capacity Act 2005 is the law that tells you what you can do to plan ahead in case you can't make decisions for yourself, how you can ask someone else to make decisions for you and who can make decisions for you if you haven't planned ahead.
See our pages on the Mental Capacity Act for more information.
Visit our full listing of Legal TermsDeprivation of liberty
A deprivation of liberty is where your liberty is taken away from you - that is, you are not free to leave and you are under continuous supervision and control. The Mental Capacity Act says that the law allows this only in very specific situations.
This may happen to you if you need to go into a care home or hospital to get care or treatment, but you don't have the capacity to make decisions about this yourself.
Visit our full listing of Legal TermsAdvance decision
An advance decision is a statement of instructions about what medical treatment you want to refuse in case you lose the capacity to make these decisions in the future. It is legally binding.
See our pages on the Mental Capacity Act for more information.
Visit our full listing of Legal TermsAttorney
An attorney is a person over the age of 18 whom you have appointed to make decisions on your behalf about your welfare and/or your property and financial affairs. You need an attorney if you are unable to make such decisions yourself. If you do not have the capacity to appoint an attorney, the Court of Protection will appoint a deputy to perform this role.
- A health and welfare attorney makes decisions about things like your daily routine, your medical care, where you live and, if you specially request this, whether you should have life-sustaining treatment.
- A property and financial affairs attorney makes decisions about things like paying bills, collecting benefits and selling your home.
See our pages on the Mental Capacity Act for more information.
Visit our full listing of Legal TermsLasting power of attorney
A lasting power of attorney is a legal document that lets you appoint someone, called an attorney, to make decisions for you.
See our pages on the Mental Capacity Act for more information.
Visit our full listing of Legal TermsDeputy
A deputy is a person the Court of Protection appoints to make decisions for you once you have lost capacity to make them yourself. A deputy usually makes decisions about finances and property. The court can appoint a deputy to take healthcare and personal care decisions, though this is relatively rare.
Visit our full listing of Legal TermsCourt of Protection
The Court of Protection makes decisions and appoints deputies to act on your behalf if you are unable to make decisions about your personal health, finance or welfare.
See our pages on the Mental Capacity Act for more information.
Visit our full listing of Legal TermsAdvance statement
An advance statement is a written document that sets out your preferences (apart from refusals of treatment). It is not legally binding. You can ask a professional to follow this document if you ever lose capacity to make these decisions yourself.
See our pages on the Mental Capacity Act for more information.
Visit our full listing of Legal TermsBest interests
Health professionals must act in your best interests before taking certain steps that affect your care and treatment.
The Mental Capacity Act has a best interests checklist, which outlines what health professionals need to consider before taking an action or decision for you while you lack capacity.
See our pages on the Mental Capacity Act for more information.
Visit our full listing of Legal TermsAdvocate
An advocate is a person who can both listen to you and speak for you in times of need. Having an advocate can be helpful in situations where you are finding it difficult to make your views known, or to make people listen to them and take them into account.
See our pages on advocacy for more information.
Visit our full listing of Legal TermsThis information was published in April 2023. We'll revise it in 2026.
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