Useful contacts and links

Use the information below to get further information about implementing the Mental Capacity Act.

Details of the Act and how to implement it

• Department of Health's Mental Capacity Act pages 
• Overview of the Mental Capacity Act 2005
• Mental Capacity Act 2005 
• Mental Capacity Act Code of Practice
• DOLS Code of Practice

Mental Health Act

As part of its strategy to reform and modernise mental health care, the government plans to update the Mental Health Act 1983.

• Briefing sheets
• The Mental Health Act 2007 received Royal Assent on 19 July 2007. It amends the Mental Health Act 1983, the Mental Capacity Act 2005 and the Domestic Violence, Crime and Victims Act 2004

Court of Protection

The Mental Capacity Act provides for a new Court of Protection to make decisions in relation to the property and affairs and healthcare and personal welfare of adults (and children in a few cases) who lack capacity. The court also has the power to make declarations about whether someone has the capacity to make a particular decision.

The court has the same powers, rights, privileges and authority in relation to mental capacity matters as the High Court. It is a superior court of record and is able to set precedents (set examples to follow in future cases).

Advance decisions to refuse treatment

The NHS website explains how the law now allows people to make decisions to refuse treatments including those that sustain life.

This page was last updated on 8 December 2011