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Mental Capacity Act 2005

The Mental Capacity Act 2005 for England and Wales received Royal Assent on 7 April 2005 and come into effect on 1st October 2007.

The Act affects everyone aged over 16 and provides a statutory framework to empower and protect people who may not be able to make some decisions for themselves, for example, people with dementia, learning disabilities, mental health problems, stroke or head injuries.

It makes it clear who can take decisions in which situations and how they should go about this.

It enables people to plan ahead for a time when they may lose capacity.

The Act will cover major decisions about someone's property and affairs, healthcare treatment or where the person lives, as well as everyday decisions about personal care or what someone eats, where the person lacks capacity to make the decisions themselves.

More information can be found on the Office of Public Guardian's website.