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Educational Resources

Mental Capacity Act

Introduction to the resource

A brief introduction and explanation of how to use this resource

This resource has been developed as part of a project aimed at raising awareness of the Mental Capacity Act 2005.  It provides a range of materials, many of which can be downloaded in pdf format and used by clinical ethics committees as part of their continuing educational programme.  The materials are divided broadly into five sections;

  • An analysis of ethical principles underlying the Act,
  • a step wise guide to assessment of capacity and determination of best interests under the Act,
  • summaries of key areas of the Act and their relevance to health care,
  • an analysis of the relationship between the MCA and the Mental Health Act,

Where appropriate a comparison between the legal requirements under the Act and the previous provisions in Common Law governing decisions for persons who lack capacity to decide for themselves.