MC1 Mental capacity and organisations

A number of agencies offer advice and support to people who may lack mental capacity and to those who care for them.

You might have noticed that all organisations use similar definitions of mental capacity and they all refer to the legislation that applies to this area. The legislation is both important and useful, as it supports and protects people who lack capacity and outlines who can make decisions on their behalf and how. The underpinning principles of the legislation provide support for determining whether someone has capacity and for the process of making decisions on their behalf if they do not.

In England and Wales, the legislation is the Mental Capacity Act 2005. Scotland and Northern Ireland have different legislation. You will look at these and the differences between them in Lesson 3.