How does it affect family, friends and unpaid carers?
The Act states everyone should be treated as able to make their own decisions until it is shown that they cannot. A person's ability to make a decision will be established at the time a given decision needs to be made.
It introduces important new safeguards for people who lack capacity and the people who work with, support or care for them. It makes sure decisions made on the person's behalf are in their best interests and provides a checklist of things decision makers must work through. It is underpinned by five key principles which must inform everything you do when providing care or treatment for a person who lacks capacity.
There is a Code of Practice for those who support people who have lost the capacity to make their own decisions.
The Act protects your rights and is relevant to anyone who has a relative or friend who may lack capacity. It covers major decisions about property and financial affairs, health and welfare and where someone lives.
- It covers everyday decisions about personal care, when the person can’t make those decisions for themselves.
- It clarifies the process for caring for people who may lack capacity.
- It clarifies how decisions should be made for your relative or friend if they are unable to make those decisions for themselves.
- It sets out when you should be consulted about decisions made on behalf of your relative or friend.
- It sets out how your relative or friend is protected when others are making decisions on their behalf.