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Department for Constitutional Affairs

Website: Department for Constitutional Affairs

From 9 May 2007, the responsibilities of the Department for Constitutional Affairs have transferred to the Ministry of Justice.

Making sense of human rights

This series of guides is designed for officials in public authorities to assist them in working with the Human Rights Act 1998 – which has been described as the most important piece of constitutional legislation passed in the United Kingdom since the achievement of universal suffrage in 1918.

(Department for Constitutional Affairs, October 2006)

Mental capacity

This content provides information and guidance on dealing with mental capacity issues and the new Mental Capacity Act 2005 which came into effect in England and Wales during 2007.

(Department for Constitutional Affairs, 2007)

Mental Capacity Act 2005

The Mental Capacity Act governs decision-making on behalf of adults, where they lose mental capacity at some point in their lives or where the incapacitating condition has been present since birth. The Act received Royal Assent on 7 April 2005 and came into force during 2007.

(Department of Constitutional Affairs, April 2005)

Mental Capacity Act 2005 - Making decisions: A guide for family, friends and other unpaid carers (PDF)

The purpose of this booklet is to tell you about a new law called the Mental Capacity Act which will come into force during 2007. The booklet is for anyone who helps to care for someone over 16 who is unable to make some or all decisions. The inability to make a decision could be because of a brain injury or stroke, dementia, learning disability, mental health problems, alcohol or drug misuse, the side effects of medical treatment or any other illness or disability.

(Department for Constitutional Affairs / Mental Capacity Implementation Programme (MCIP), 2005)

Mental Capacity Act 2005 - Making decisions: A guide for people who work in health and social care (PDF)

The MCA will apply to everyone who works in health and social care and is involved in the care, treatment or support of people aged 16 and over who live in England and Wales and who are unable to make all or some decisions for themselves. The inability to make a decision could be caused by a psychiatric illness (for example, dementia), a learning disability, mental health problems, a brain injury or a stroke.

(Department for Constitutional Affairs / Mental Capacity Implementation Programme (MCIP), 2005)

Mental Capacity Act 2005 - Making decisions: about your health, welfare or finance. Who decides when you can’t? (PDF)

This booklet gives you information about a new law, the Mental Capacity Act 2005, which comes into force during 2007, and which will affect anyone who is unable to make some or all decisions. The inability to make a decision could be because of a learning disability, mental health problems, brain injury, dementia, alcohol or drug misuse, side effects of medical treatment or any other illness or disability.

(Department for Constitutional Affairs / Mental Capacity Implementation Programme (MCIP), 2005)

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