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The Code of Practice

The Code of Practice serves to elaborate on the Mental Capacity Act, particularly in its practical application. It helps you to
  • understand your roles and responsibilities under the Act
  • understand the steps you can take to prepare for a time in the future should you lack capacity
  • understand the principles to be applied when caring for persons lacking mental capacity.

The Code of Practice is a guide of best practices for everyone who interacts with a person lacking mental capacity. This includes those who are under a formal duty to offer care, such as professionals and paid caregivers as well as informal caregivers, family and friends of the person who lack capacity.

The following individuals must consider the Code when acting for a person lacking mental capacity:

  1. Donee of a Lasting Power of Attorney
  2. Court-appointed deputy
  3. People who act in a professional capacity, (e.g. a lawyer, health care professional, accountant, paramedic), and
  4. People who act for remuneration, (e.g. a paid caregiver, therapist)

The guidance in the Code of Practice should be followed.




Last Updated: 11 February 2014

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