Title:

Mental Capacity Act as part of human rights

Description:

The Mental Capacity Act 2005 (MCA) covers people aged 16 and upwards in England and Wales, who cannot 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'. The MCA protects the human rights of people who may lack mental capacity to make their own decisions.

The MCA empowers people to make their own decisions as far as possible, and ensures that decisions made on their behalf are always the least restrictive of their rights that will meet the need, and in their best interests. It does this by protecting people from stereotyping or paternalism, and ensuring that their rights to make their own decisions wherever possible are balanced against their right to be protected when they lack capacity to keep themselves safe. This session explores how that works, and introduces the five statutory principles of the Act.

Hierarchy:

Mental Capacity Act (MCA) > Mental Capacity Act as part of human rights

Keywords:

783-001, MCA, Mental Capacity Act, human rights, DoLS, Deprivation of Liberty, Deprivation of Liberty Safeguards

Created:

30 Jul 2019

Updated:

15 Jan 2024