Mental capacity tool kit
Our tool kit contains a series of cards relating to specific areas of the Mental Capacity Act 2005 (England and Wales).
It is designed to raise your awareness of the Act and to help you in good decision-making when you are providing care and treatment for people who lack, or who may lack, the mental capacity to make decisions on their own behalf.
It covers issues such as:
- how to assess capacity
- the basic principles of the Act
- advance refusals of treatment
- Lasting Powers of Attorney (LPAs)
Each card refers to separate areas of the Act, but there is also a degree of overlap between them. This tool kit does not aim to be definitive guidance on all the issues surrounding the Mental Capacity Act.
Card 1 lists other sources of guidance that you should use with the cards. If you have any doubt about a case, we recommend you seek legal advice.
Scotland and Northern Ireland
In Scotland, decision-making in this area is covered by the Adults With Incapacity (Scotland) Act 2000.
Read our advice for Scotland
In Northern Ireland, decision-making is governed by the common law. The Northern Ireland Assembly are working towards statutory provisions for treating adults lacking mental capacity but we do not yet know when this will be introduced. In the meantime, you may find pages 134 to 141 (Chapter 3) of Medical Ethics Today useful. If you are a BMA member you can get free access to it via Dawsonera. If you don't have a Dawsonera account, please email email@example.com
Mental Capacity Act tool kit (England and Wales) - full version (PDF 202k)