Guidance

Mental Capacity Act Code of Practice

Code of practice giving guidance for decisions made under the Mental Capacity Act 2005.

• From: Office of the Public Guardian
• Published: 22 July 2013
• Last updated: 14 October 2020 — See all updates

Applies to England and Wales

• Publication for Northern Ireland
• Publication for Scotland

Documents

Mental Capacity Act Code of Practice

Ref: ISBN 9780117037465, First published 2007, Third impression 2007

PDF, 1.35 MB, 301 pages

Details

The code of practice gives guidance to people who:

• work with people who can’t make decisions for themselves
• care for people who can’t make decisions for themselves

It says what you must do when you act or make decisions on behalf of people who can’t act or make those decisions for themselves.

The Mental Capacity Act 2005 (MCA) says certain people must think about the code of practice when they act or make decisions on the other person’s behalf. This includes:

• an attorney appointed under a lasting power of attorney
• a deputy appointed by the Court of Protection
• an independent mental capacity advocate
• a person doing research approved in accordance with the MCA
• a person who acts in a professional capacity for, or in relation to, people who can’t make decisions for themselves
• a person who is paid to act for or in relation to people who can’t make decisions for themselves

You can order a printed copy of the Code of Practice from The Stationery Shop, as well as alternative formats such as:

• braille
• audio
• large print

Published 22 July 2013
Last updated 14 October 2020 + show all updates

1. 14 October 2020

   Upload an accessible form of the Code of Practice, amend the text to direct customers to The Stationery Shop for accessible formats such as braille

2. 12 January 2016

   Added Welsh translation

3. 21 November 2014

   Changed link so it goes directly to Welsh language version

4. 22 July 2013

   First published.