Mental Capacity Act and DoLs

Here is a link to the Southampton City Council information page on the Mental Capacity Act and what that might mean for you if you live in Southampton. Below is a simple explanation taken from the wepbage:

Every day we make decisions about our lives. These decisions could be about simple things like what we eat and what we wear. They could also be about more major things like our health, our care and our finances. Our mental capacity affects how easily we are able to make such decisions. Some people may lack mental capacity to make certain decisions because they have:

A learning disability,
A mental health problem;
A brain injury or stroke.

The Mental Capacity Act is a new law which came into force in 2007. It covers issues relating to making decisions where people aged 16 or over may lack capacity. It also allows for people to plan ahead if they think they may lack capacity in the future.

The Act says:

  • You should be given help to make your own decisions;
  • Someone should make an assessment of your capacity to decide if you are able to make a particular decision at a particular time;
  • Even if you find some decisions difficult you may still be able to make other decisions for yourself;
  • If someone has to make a decision on your behalf they should still involve you as much as possible;
  • Someone making a decision on your behalf must do so in your best interests; and
  • An Independent Mental Capacity Advocate (IMCA) can represent you if you lack capacity to make certain important decisions and there is no one else who can be consulted.
  • Where necessary, a ‘deputy’ can be appointed by the court to make certain decisions on your behalf.

Here is a helpful leaflet from MIND which continues lots of useful information about the Mental Capacity Act –

Here is a link to the NHS guidance pages regarding mental capacity, deprivation of liberty,¬†lasting power of attorney and the court of protection –¬†