Compliance & regulation
Mental Capacity Act
Mental Capacity Act 2005 (MCA)
Also known as: MCA, mental capacity act 2005
The law that governs decision-making for adults in England and Wales who may lack the capacity to make a particular decision for themselves.
The Mental Capacity Act 2005 sets out how decisions should be made for, and with, adults who may lack the capacity to make a specific decision at a specific time. It is built on five statutory principles, including a presumption of capacity and a duty to support people to make their own decisions.
Where a person is assessed as lacking capacity for a decision, any decision made on their behalf must be in their best interests and the least restrictive option available.
Why it matters for care homes
Care homes make and record capacity assessments and best-interests decisions routinely, for example around care, treatment, and finances. Clear documentation shows decisions were made lawfully.
Source: Mental Capacity Act 2005 (legislation.gov.uk)
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