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Mental Capacity Act: making decisions

How to make decisions under the Mental Capacity Act 2005.

• From: Office of the Public Guardian and Ministry of Justice
• Published: 30 September 2014
• Last updated: 9 June 2023 — See all updates

The Mental Capacity Act 2005 covers people in England and Wales who can’t make some or all decisions for themselves. The ability to understand and make a decision when it needs to be made is called ‘mental capacity’.

Mental Capacity Act Code of Practice

People working with or caring for adults who lack capacity to make decisions for themselves have a legal duty to consider the Code of Practice.

• Mental Capacity Act Code of Practice
  • 14 October 2020
  • Guidance

Advice workers

• Advice workers: Mental Capacity Act decisions
  • 27 April 2021
  • Guidance

Health and care workers

• Health and social care workers: Mental Capacity Act decisions
  • 16 July 2024
  • Guidance

Independent Mental Capacity Advocate services

Independent Mental Capacity Advocate services can support the views and rights of people who lack mental capacity.

• Independent mental capacity advocates
  • 27 November 2007
  • Guidance

Make decisions under the Mental Capacity Act

• Making decisions: who decides when you can’t?
  • 13 August 2024
  • Guidance
• Making finance decisions for young people: parent and carer toolkit
  • 6 July 2023
  • Guidance

Published 30 September 2014
Last updated 9 June 2023 + show all updates

1. 9 June 2023

   'Making finance decisions for young people: parent and carer toolkit' added.

2. 22 October 2014

   Independent mental capacity advocate services leaflet added.

3. 30 September 2014

   First published.