Welcome to our series of short videos from Amy Clarke, Legal Director, on the Mental Capacity Act 2005 – what it is, who does it apply to, how it is applied and the role of the Court of Protection.
In this video Amy introduces the Mental Capacity Act 2005 and explains the scope of its framework - who it applies to, how it is applied and what type of decisions it covers. Amy also explains that the ethos is to empower people to make their own decisions wherever possible.
The Mental Capacity Act has a clear definition of what it means to lack capacity. In this video Amy details the two-stage test or process for assessing capacity, emphasising the importance of keeping assessments under review and completing robust documentation.
Amy discusses the identity and role of the decision maker under the Mental Capacity Act. It may be the person themselves, if they have made a valid advance decision to refuse that treatment, for example. Amy also sets out the importance of the consultation process in reaching a decision that is in the best interests of the individual.
The Mental Capacity Act is underpinned by five key principles; this video highlights each of these.
This video touches on the role of the Court of Protection, its function, and powers in respect of decision making on behalf of adults who lack capacity to make specific decisions for themselves.