Introduction
The Mental Capacity Act 2005 covers a very wide range of decision making for people living in their own homes, in hospital or in formal care settings such as care homes. It provides the legal framework and guidance for:
- Thinking about people’s ability to make their own decisions
- How to make decisions on someone else’s behalf if they are not able to do so
The Mental Capacity Act 2005 sets out five principles. They are the basis for all decision-making for other people.
- We should assume a person is able to make their own decisions unless we have evidence to the contrary.
- We should take all practicable steps to help them make their own decision before we conclude they lack capacity.
- If a person does something we think is unwise, this does not automatically mean they lack capacity.
- If we need to make a decision for a person who lacks capacity, we must work out what is in their best interests.
- If we make a best interests decision, we should do it in the way which is the least restrictive of their liberty and least distressing for them.
It is only necessary to think about a person’s mental capacity at the time they need to make a specific decision.
They may have capacity to make some decisions but not others because some decisions are easier.
This information is to help family carers, professional in health or social care and people who work for an organisation providing care services. The links below provide a wide range of helpful resources. The information covers many aspects of helping or working with people who may struggle with decision-making.
About mental capacity and the Act
Information for members of the public including family carers
Mental Capacity Act (an easy read version) – Mental Capacity Act 2005: what the law says about supporting people to make decisions about their lives (publishing.service.gov.uk)
Age UK – one-minute-guide-to-the-mental-capacity-act-2005-1-edited.pdf (ageuk.org.uk)
Alzheimer’s Society – Mental Capacity Act 2005 (alzheimers.org.uk)
Mencap – What is The Mental Capacity Act? | Mencap and mental capacity act resource pack_1.pdf (mencap.org.uk)
Social Care Institute for Excellence (SCIE) – Mental Capacity Act (MCA) is a comprehensive set of resources for all aspects of the Mental Capacity Act, including guidance and training resources and videos.
Somerset Council – Basic guide to mental capacity
The MCA legislation itself – Mental Capacity Act 2005 (legislation.gov.uk)
Code of Practice to the MCA, 2005 – Mental-capacity-act-code-of-practice.pdf (publishing.service.gov.uk)
National Mental Capacity Forum – Becoming an adult – Mental capacity myth-busting!
Making decisions for another person
Citizens’ Advice – Managing affairs for someone else
Carers UK – Different ways of managing someone’s affairs
Age UK factsheets – Arranging for someone to make decisions on your behalf (ageuk.org.uk)
Setting up or registering a Lasting Power of Attorney – Make, register or end a lasting power of attorney: Overview (www.gov.uk)
Office of the Public Guardian – Your questions answered: Completing forms (blog.gov.uk)
Deprivation of Liberty Safeguards – Department of Health and Social Care – Deprivation of Liberty Safeguards an easy read guide.
Age UK factsheet – Deprivation of Liberty Safeguards (ageuk.org.uk)
SCIE – Deprivation of Liberty Safeguards (DoLS) at a glance
MIND – Deprivation of liberty
Identifying Deprivation of Liberty – A Law Society guide (March 2024)
Care Quality Commission (CQC) – Deprivation of Liberty Safeguards (DoLS)
Court of Protection – A basic guide to the Court of Protection
Taking part in Court of Protection proceedings – An easy read guide
Make a referral to Somerset Council – Care and support for adults
Deprivation of Liberty Safeguards (DoLS) applications
Deprivation of Liberty Safeguards (DoLS) applications cannot be made by members of the public. Applications can only be made by care homes or hospitals.
If you are a member of the public and need advice about a Deprivation of Liberty Safeguards (DoLS) application for a Somerset person who is in a care home or a hospital, contact the DoLS team for advice. Please email the team at dolsinformation@somerset.gov.uk. This mailbox is constantly monitored on weekdays but not on Bank Holidays.
Staff who work in care homes and hospitals can use the application form on this page.
Information for professionals
Mental Capacity Act information for those working in an organisation providing direct care such as a care home, domiciliary care, day care or self-employed as a Shared Lives carer or micro-provider link to Professional Choices
Mental Capacity Act information for those employed in a statutory agency such as Somerset Council, the NHS, Police.