The Mental Capacity Act 2005 (MCA) is an important law in England and Wales that protects and supports people aged 16 and over who may have difficulty making some decisions for themselves. it says that every adult, whatever their disability, has the right to make their own decisions wherever possible.
Mental capacity means a person's ability make a decision when it needs to be made and the Mental Capacity Act tells us how to assess whether a person has capacity for a decision or not. A person may lack capacity to make a particular decision at a particular time, but this does not mean they cannot make other decisions.
The Mental Capacity Act helps ensure that people are supported to make their own choices wherever possible, while providing legal safeguards when support or decision-making on their behalf is needed.
The Mental Capacity Act sets out how decisions should be made when someone is assessed as lacking capacity for a specific decision. In these situations, any decision made on their behalf must be made in their best interests and in the least restrictive way possible.
It also enables people to plan for the future by setting out how they can make arrangements in case they become unable to make decisions for themselves at a later date, such as through a Lasting Power of Attorney or an Advance Decision to Refuse Treatment.
Mental Capacity Act: making decisions - GOV.UK
Mental Capacity: An Easy Guide - Older People’s Commissioner for Wales
What is The Mental Capacity Act? | Mencap
Mental Capacity Act (MCA) - SCIE
The Deprivation of Liberty Safeguards (DoLS) are part of the Mental Capacity Act 2005. They help protect the rights of people who may need restrictions placed on their care or movement to keep them safe in a hospital or care home.
Sometimes, measures used to prevent harm—such as supervision, locked doors, or restrictions on leaving a setting—can amount to a deprivation of liberty. When this happens, legal safeguards must be in place to ensure that the person's rights are protected.
The local authority or health board has a responsibility to ensure that any restrictions are:
Where restrictions amount to a deprivation of liberty, an assessment must be carried out to decide whether authorisation under the DoLS framework is required.
The Deprivation of Liberty Safeguards apply to people who:
If you, a family member, or someone you care for may be deprived of their liberty, the local authority or health board must make sure that any restrictions are lawful, appropriate, and proportionate.
This includes carrying out assessments and, where necessary, putting the appropriate safeguards in place to protect the person's rights and wellbeing.
Information about the Mental Capacity Act and Deprivation of Liberty Safeguards, including referral forms, can be found on the Powys County Council website: Mental Capacity Act and Deprivation of Liberty Safeguards - Powys County Council
If you would like further information or wish to discuss a Deprivation of Liberty Safeguards matter, please contact the Powys County Council DoLS Team:
Telephone - 01597 826843
Email - dols.admin@powys.gov.uk
The Mental Capacity Act allows for Court Appointed Deputy, Lasting Power of Attorney and Advance Decision to Refuse Treatment. Information and resources about these can be found below.
Making decisions about your health, welfare or finances - GOV.UK
An Easy Guide to Lasting Powers of Attorney - Older People’s Commissioner for Wales
Appointees, Deputies, and Power of Attorneys | Mencap
Deputies: make decisions for someone who lacks capacity: Overview - GOV.UK