MCA 2005: The Mental Capacity Act 2005

MCA 2005: The Mental Capacity Act 2005.

This series of pages is more about the role of the Office of the Public Guardian then the Mental Capacity Act 2005, on which there are more details if you click the link.

MCA 2005

Mental Capacity Act 2005

The Mental Capacity Act 2005 is a legal framework which protects people who may lack capacity to make decisions for themselves. It also sets out how decisions should be made on their behalf. The act covers all sorts of decisions, from life-changing events to everyday matters. All safeguarding decisions OPG takes must be in accordance with the act. The act  says that:

““… a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or disturbance in the functioning of the mind or brain.”

When the OPG is involved on a safeguarding issue they need to take into account the ability of adults to make informed choices about the way they want to live and the risks they want to take.  This includes how able they are:

  • to understand what is likely to result from or effect their situation.
  • to take action themselves to prevent abuse.
  • to take part as fully as they can in making decisions about getting other parties involved.

The presumption is that adults have mental capacity to make informed choices about their safety and how they live their lives. Mental capacity and a person’s ability to give informed consent are at the heart of decisions and actions taken by OPG under this safeguarding policy. Every time the OPG becomes involved involved on a safeguarding issue they need to take into account the ability of adults to make informed choices about the way they want to live and the risks they want to take.

Next Article – what is abuse?