Mental Capacity Act 2005

How we meet the guidance, advice and safeguards set out for customers who lack capacity

Guidance to the working of the Mental Capacity Act

The safeguards contained within this Act provide a framework for assessment and decision-making as well as defining a process regarding who should be consulted and the timescales for doing so.

There are guides to the working of the Mental Capacity Act on the websites of the Ministry of Justice and the Social Care Institute for Excellence (SCIE).

Other guidance

 

The Court of Protection

The Court has the authority to:

  • determine whether a person has the mental capacity to make a particular decision for themselves
  • make declarations or orders on financial or welfare matters affecting people who lack the capacity to make such decisions
  • appoint deputies to make decisions for people lacking the mental capacity to make those decisions
  • remove any Deputies or Attorneys who fail to carry out their duties as identified within the Act

If you know or care for someone who is having difficulties making decisions about their personal health, finance or welfare, you may need to apply to the Court of Protection so that you (or someone else) can make decisions for them.

Guidance on this can be found on the GOV.UK website, and judgements from the court can be seen on the BAILI website.

Contact us

For enquiries contact us Monday to Friday, from 9am to 5pm:

  • Dominic Nasmyth-Miller - Adult Safeguarding Manager: 01473 260813
  • Bettina Lambert - DOLS Coordinator: 01473 260182

Please note: Referrals should not be made through the MCA/DOLS Team. See the DOLS page for information about making a DOLS referral.