What is the Mental Capacity Act 2005?
The Mental Capacity Act 2005 (the Act) provides the legal framework for acting and making decisions on behalf of individuals who lack the mental capacity to make particular decisions for themselves. Everyone working with and/or caring for an adult who may lack capacity to make specific decisions must comply with this Act when making decisions or acting for that person, when the person lacks the capacity to make a particular decision for themselves. The same rules apply whether the decisions are life-changing events or everyday matters.
Southend City Council guidance
For full guidance on the Mental Capacity Act, staff should refer to the Code of Practice for the Mental Capacity Act.
In Southend advocacy services are provided via South Essex Advocacy Services. Under the Mental Capacity Act 2005, if someone is deemed to lack capacity to make specific decisions an IMCA needs to be instructed 'The IMCA service is provided for any person aged 16 years or older who has no one able to support and represent them and who lacks capacity to make a decision about either
- A long-term care move
- Serious medical treatment
- Adult safeguarding matters
- Or a care review.