What is the Mental Capacity Act 2005 and what is its role?

Posted 2 days ago

The Mental Capacity Act 2005 is a piece of legislation that is crucial in the care industry. In this blog, we’ll provide answers to what is the purpose of the Mental Capacity Act, and highlight the main responsibilities of caregivers. There’s lots to understand, so let’s begin.

The Act explains how somebody will be supported to make decisions, or how decisions will be made for you if your mental capacity was affected by:

A mental health condition
An illness
An injury
Effects of medication

What is the purpose of the Mental Capacity Act?

Ultimately, the purpose of the Mental Capacity Act 2005 is to protect and restore power to vulnerable people who lack capacity to make their own decisions about their care and treatment. People could lack the capacity to make these decisions due to health conditions such as dementia, severe learning disabilities, brain injuries, mental health conditions, or a stroke.

5 principles of the Mental Capacity Act

The five principles are as follows:

Presumption of capacity – It should not be assumed that someone cannot make a decision for themselves because they have an illness or disability
Support to make a decision – Opportunity should be given to all individuals to make their own decisions. This means that they are provided with information and support where possible, including in an alternative format so it is understandable.
Unwise decisions – Somebody should not be treated as unable to make a decision because their decisions is seen as unwise.
Bets interest – If a decision is made on behalf of somebody who doesn’t have the mental capacity to make it themselves, then it should be done in their best interests.
Least restrictive – if a decision is made on behalf of individuals who don’t have the mental capacity, then the decision should be made in a way that is least restrictive to their freedom and basic rights.

What is a mental capacity assessment?

A mental capacity assessment is a way to assess the capacity of a person who is unable to make a decision due to their mind or brain being affected by illness or disability. This can be assessed using the two-stage test.

The two-stage test

Stage 1: Is the functioning of the person’s mind or brain impaired?

Stage 2: Is the impairment significant enough that the patient is unable to make a decision, even with all support given.

Learn about assessing mental capacity with iHasco

Develop your staff’s understanding of the Mental Capacity Act 2005 with Assessing Mental Capacity Training course. Assessing someone’s mental capacity requires a clear set of guidelines and procedures. This training programme has been designed to guide you through this process.

We also cover a range of different training courses for carers, including:

We’re already helping thousands of organisations just like yours, and we’d like to help you too. Why not check out our range of courses for the care sector today by claiming your free, no-obligation trial? Alternatively, you can request a bespoke quote and we’ll be in touch to discuss your unique training requirements.