RT Journal Article
SR Electronic
T1 The Mental Capacity Act 2005: a new framework for healthcare decision making
JF Journal of Medical Ethics
JO J Med Ethics
FD BMJ Publishing Group Ltd and Institute of Medical Ethics
SP 94
OP 97
DO 10.1136/jme.2006.016972
VO 33
IS 2
A1 Carolyn Johnston
A1 Jane Liddle
YR 2007
UL http://jme.bmj.com/content/33/2/94.abstract
AB The Mental Capacity Act received Royal Assent on 7 April 2005, and it will be implemented in 2007. The Act defines when someone lacks capacity and it supports people with limited decision-making ability to make as many decisions as possible for themselves. The Act lays down rules for substitute decision making. Someone taking decisions on behalf of the person lacking capacity must act in the best interests of the person concerned and choose the options least restrictive of his or her rights and freedoms. Decision making will be allowed without any formal procedure unless specific provisions apply, such as a written advance decision, lasting powers of attorney or a decision by the court of protection.