SAPAT - Mental Capacity Act 2005 and its Code of Practice

The Mental Capacity Act (MCA) empowers and protects people who lack capacity to make certain decisions for themselves because of illness, a learning disability, or mental health problems.

 For Deputies it governs:

• What you should take into account when you make decisions on behalf of someone
• Who you may need to consult when you are making decisions on behalf of someone

The protection that is in place for those people for whom decisions are being made.

The MCA contains five statutory principles:

• A person must be assumed to have capacity unless it is established that he or she lacks capacity
• A person is not to be treated as unable to make a decision unless all practicable steps to help him or her do so have been taken without success
• A person is not to be treated as unable to make a decision merely because he or she makes an unwise decision
• An act done, or decision made, on or behalf of a person who lacks capacity must be done, or made, in his or her best interests
• Before the act is done, or the decision is made, care must be taken to avoid restricting the person’s rights and freedom of action

Doncaster Council has a statutory duty to adhere to the Mental Capacity Act 2005 and its Code of Practice

All financial decisions made on behalf of the client must be made in their best interests and involve the client, where possible.