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Mental Capacity Act 2005 Code of Practice

The legal framework provided by the Mental Capacity Act 2005 is supported by this Code of Practice (the code), which provides guidance and information about how the Act works in practice.  The Code has statutory force, which means that certain categories of people have a legal duty to have a regard to it when working with or caring for adults who may lack capacity to make decision for themselves.

There is also a lot of MCA and DoLs Information available on the Local Government Association Website including information leaflets, best practice guidance for ADASS /DH Form 3 (Best Interest Assessors Form) and a promoting less restrictive toolkit.

Mental Capacity Act 2005 Code of Practice

Mental Capacity Policy, Procedure & Guidance 2018

HSAB Guidance for Agencies in relation to Lasting Power of Attorney

Court of Protection - A guide for families

Herefordshire Safeguarding Adults Board Guidance for agencies in relation to Lasting Power of Attorney, Enduring Power of Attorney and Court appointed Deputies

MCA Best Interest Form

MCA Information Leaflet for Families

MCA Leaflet for Professionals Guidance

AP1 Form

AP1 Guidance   -  This is a free and simple website from the charity Compassion in Dying that takes you step by step through creating a legal advance decision online that can then be printed out.

Leaflet  - Next of Kin: Understanding decision making authorities

The term ‘Next of Kin’ is often used in Health and Social Care as a euphemistic shorthand for ‘Who is the person we communicate with about you and who do we contact when you are dead?’

In law the term has no status when you are alive - it is misleading too because it does not clarify if this is the person who is your nearest relative or the person most important to you. Indeed, these are often different people.