“The Mental Capacity Act 2005 provides a legal framework for acting and making decisions on behalf of individuals who lack capacity to make specific decisions for themselves. These staff and their employers have a duty to ensure they know how to use it. The Act aims to empower and protect people who may not be able to make some decisions for themselves. Legally, mental capacity is a black and white concept - according to the law, you are capable or you are not capable. PRELIMINARY: Short title: 1. The MCA applies to decisions The Mental Capacity Act states that a person lacks capacity if they are unable to make a specific decision, at a specific time, because of an impairment of, or disturbance, in the functioning of mind or brain. PART 1 APPLICATION OF ACT . This factsheet sets out the things to look for when assessing the capacity of a patient. Assessing mental capacity is an important part of a clinician’s role, and the recent Mental Capacity Act can help doctors when making such decisions #### Summary points Clinicians are often confronted with decisions about mental capacity. The National Mental Health Act (1946) became law on July 3, 1946. The Mental Capacity Act applies to all professions – doctors, nurses, social workers, occupational therapists, healthcare assistants, and support staff. It was inspired by alarm at the poor mental health of some draftees and veterans, and was demanded by veterans and their families. 1 Application of Act: mental disorder (1) The provisions of this Act have effect with respect to the reception, care and treatment of mentall y disordered patients, the management of their property and other related matters. Mental Capacity Act (CHAPTER 177A) (Original Enactment: Act 22 of 2008) REVISED EDITION 2010 (31st March 2010) An Act to make new provision relating to persons who lack capacity and to provide for matters connected therewith. Mental incapacitation is legalease for those who are unable to enter a contract because of their psychological disability. In day-to-day life, however, capacity is more of a continuum - clear capacity to make a decision at one end and the clear incapacity to make a decision at the other end, with a range in between. 500 Montgomery Street, Suite 820 Alexandria, VA. 22314 Phone (703) 684.7722 Toll Free (800) 969.6642 Fax (703) 684.5968 The Mental Health Systems Act of 1980 (MHSA) was United States legislation signed by President Jimmy Carter which provided grants to community mental health centers. Introduction to the Mental Capacity Act The Mental Capacity Act 2005 (MCA) sets out important legal principles concerning people who lack mental capacity. During the following Ronald Reagan administration, the United States Congress repealed most of the law. The Mental Capacity Act 2005 came into force in England and Wales in 2007. to re-enact with amendments the law relating to mentally disordered persons. The MHSA was considered landmark legislation in mental health care policy. The act made the mental health of the people a federal priority. It outlines how people can be helped to make decisions for themselves and sets out rules for those who take decisions on someone else’s behalf. Support people to plan for their future. [1st March 2010] PART I. Act in the best interest of individuals who lack capacity 3. Mental Incompetence: Mental Incapacity. The Act is intended to assist and support people who may lack capacity and to discourage anyone involved in their care from being overly restrictive or controlling. The Mental Capacity Act 2005 Aims of the Act 1. In most jurisdictions, mental capacity is the level of ability to fully understand the meaning and effects of a contract. AN ACT . Support decision making capacity (DMC) through assessment of their capacity to make decisions 2. It established and provided funds for a National Institute of Mental Health (NIMH)..