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Adults with Incapacity - First Practice Management

Adults with Incapacity / loss of Mental Capacity

England & Wales

The Mental Capacity Act 2005 (the Act) came into force in April 2007. The Act governs decision making on behalf of adults, where they lose mental capacity at some point in their lives or where the incapacitating condition has been present since birth. More information on the GOV.UK website.

The BMA Mental Capacity Act Toolkit contains a series of cards relating to specific areas of the Mental Capacity Act 2005 (England and Wales)It is designed to raise awareness of the Act and to help you in good decision-making when you are providing care and treatment for people who lack, or who may lack, the mental capacity to make decisions on their own behalf. It covers issues such as:

  • How to assess capacity
  • The basic principles of the Act
  • Advance refusals of treatment
  • Research
  • Lasting Powers of Attorney (LPAs)

Subscribers to the Members section of the FPM website will find a draft Mental Capacity Act Policy in the Patient & Community Services Index of the Protocols Library. If you are not a Member, have a look at the information about the benefits of membership and how to subscribe.


The Adults with Incapacity Act 2000 provides ways to manage the financial and welfare affairs of people who are unable to manage them for themselves. More Information on the Scottish Executive Website.


The approach in Northern Ireland is currently governed by common law. It is expected that legislation similar to that noted above will be forthcoming in N. Ireland.

Further Information

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