Help for Carers > Different caring situations > Caring for someone with a mental health condition > Mental Capacity Act

Mental Capacity Act

Mental Capacity Act - who's going to decide when you can't? Added 18.9.07
This new Act came into force on 1st October 2007 and will affect anyone aged 16 or over who is unable to make all or some decisions. The Act states that everyone should be treated as able to make their own decisions until it is shown that they can't. It covers Living Wills (now renamed Advance Decisions), Lasting Powers of Attorney (LPAs) and advance care planning. The law allows any member of the public, including carers, to legally appoint someone, such as a trusted relative or friend, to make decisions on their behalf once they lose the ability to do so. It provides a checklist that decision-makers, such as social workers, nurses and doctors must go through. The checklist includes the need to consult with carers and relatives. For more information visit www.westsussex.gov.uk.org and type mental capacity in the search facility. Alternatively phone Greg Slay on 01243 752020

A guide on the Act for family, friends and other unpaid carers can be downloaded from www.dca.gov.uk/legal-policy/mental-capacity/publications.htm