Mental capacity is the ability to make decisions, and this ability becomes especially important when the decisions may have legal ramifications. Since the Mental Capacity Act 2005 (MCA) and the accompanying Code of Practice (The Code) came into force in 2007, there has been an increased emphasis on the assessment of mental capacity. GPs are now expected to be able to assess mental capacity regarding a wide range of matters. This article gives an overview of the legal background, the ways in which capacity can be assessed and the occasions when it may be necessary.
Office of the Public Guardian. Making decisions—a guide for people who work in health and social care (2005) London: TSO Accessed viawww.publicguardian.gov.uk/docs/opg-603–0409.pdf [date last accessed 13.04.2010].
