The Mental Health Act 2007 amends the Mental Health Act 1983, the Domestic Violence, Crime and Victims Act 2004 and the Mental Capacity Act 2005 in relation to mentally disordered persons; to amend section 40 of the Mental Capacity Act 2005; and for connected purposes.
The Act covers:
The Mental Capacity Act 2005 for England and Wales provides a framework to empower and protect people who may lack capacity to make some decisions for themselves. It makes it clear who can take decisions in which situations, and how they should go about this. It also allows people to plan ahead for a time when they may lack capacity.
It will cover major decisions about someone's property and affairs, healthcare treatment and where the person lives, as well as everyday decisions about personal care (such as what the person eats), where the person lacks capacity to make those decisions themselves.
There are five key principles in the Act:
Also see the MCA Media page for available Interactive and Trainign DVDs related to the Mental Capacity Act.
Further guidance is available on the Department for Constitutional Affairs page.
Despite a steeply rising trend in cases of dementia, the condition is being given too low a priority by health and social services, according to a report by the National Audit Office. Too few people are being diagnosed, or being diagnosed early enough, and early interventions known to be cost-effective are not being made widely available.
(National Audit Office, 4 July 2007)
This booklet provides guidance for family, friends and unpaid carers when doctors or health and social care professionals are thinking about changing the way a family member, friend or someone you provide care for in which your family member or friend will be and the care plan will deprive your family member or friend of their liberty.
(Department of Health, 6 March 2009)
A range of guidance materials and links to further support implementation of the Mental Capacity Act (MCA). Find out what already works and what might work in the future. And also, given the potential of the MCA to touch the lives of millions - particularly those who live with learning disability, dementia or mental health problems and those working and caring for them - the resource provides the opportunity to link related policy areas together. Examples include the development of the National Dementia Strategy and SCIE's practice development work on restraint, available in late summer 2009.
(Social Care Institute for Excellence)
Independent Mental Capacity Advocates (IMCAs) are a legal safeguard for people who lack capacity to make important decisions and don’t have family or friends who can represent them.
Fact sheet 9 provides an introduction to the key elements involved, treatment and accommodation decisions and care reviews.
(National End of Life Care Programme, November 2009)This Report aims to inform readers of the key issues in end of life care and highlights the role of psychologists within the settings where it takes place. The document is organised around three key domains: Contemporary Issues; Information about Legislation and Policy Issues; Clinical Practice.
(The British Psychological Society, March 2008)
