Clinical update

New NICE guideline on decision-making for those who lack capacity

NICE guideline helps healthcare staff apply the principles of the Mental Capacity Act 2005

NICE guideline helps healthcare staff apply the principles of the Mental Capacity Act 2005

Essential facts

The Care Quality Commission estimates that around two million people in England and Wales may be unable to make certain decisions due to illness, injury or disability. The Mental Capacity Act 2005 aims to empower and protect these people, and the National Institute for Health and Care Excellence (NICE) guideline, Decision-Making and Mental Capacity puts these principles in practice. It addresses decision-making in people 16 years and over who may lack capacity now or in the future.

What’s new

The guidance was commissioned by the Department of Health after concerns about the implementation of the 2005 act were raised by the Care Quality Commission and a report from the Lords Health Select Committee. The CQC reported earlier this year that some

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