The Mental Capacity Act 2005, covering England and Wales, provides a statutory framework for people who lack capacity to make decisions for themselves, or who have capacity and want to make preparations for a time when they may lack capacity in the future. It sets out who can take decisions, in which situations, and how they should go about this. Parts of the Act come into force in April 2007, with the rest of the Act coming into force in October 2007.

The 5 main principles of the Mental Capacity Act are:

	a person must be assumed to have capacity unless it is established that they lack capacity
	a person is not to be treated as unable to make a decision unless all practicable steps to help them to do so have been taken without success (supported decision making)
	a person is not to be treated as unable to make a decision merely because they make an unwise decision
	an act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in their best interests
	before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be effectively achieved in a way that is less restrictive of the person’s rights and freedom of action