The Mental Health Capacity Act 2005 provides a statutory framework for decision making on behalf of people who lack capacity to consent to their own care or treatment.

There is provision for capacitated adults to make preparations for a time when they may lack capacity. (Lasting Power of Attorney and Advanced Decisions).

There are areas of similarity  between the Mental Health Act and the Mental Capacity Act and professionals will need to consider the criteria, benefits and limitations of each Act before making decisions on care and treatment.

If you need help or advice on any aspect of the Mental Health Capacity Act please  contact our specialist team in Newcastle upon Tyne or South Shields.