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Mental Capacity Act

Mental Capacity Act

The information on this website is for general guidance on your rights and responsibilities and is not legal advice. If you need more details on your rights, or legal advice about what action to take, please contact an adviser or solicitor.

Mental capacity is the ability to make decisions. Some people may have difficulties making some decisions all or some of the time. This could be due to a learning disability, dementia, a mental health problem, a brain injury or a stroke.

The Mental Capacity Act 2005 came into force in England and Wales in 2007 and aims to ensure that people who lack mental capacity are given as much help as possible to make decisions and are enabled to participate in decisions made on their behalf. It will also ensure that any decisions are made in the person’s best interests.

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