Clinical update

NICE issues guidance on decision-making and mental capacity

This guidance reflects concerns about the implementation of the Mental Capacity Act 2005

These guidelines reflect concerns about the implementation of the Mental Capacity Act 2005

Essential info

Around two million people in England and Wales are estimated to lack the capacity to make decisions for themselves at some point because of illness, injury or disability, according to the Care Quality Commission (CQC).

The Mental Capacity Act 2005 was designed to empower and protect individuals in these circumstances. However, there have been serious concerns from the health watchdog and politicians about how the act is implemented by health staff.

What’s new

The National Institute for Health and Care Excellence (NICE) has developed guidance for health and social care practitioners facing decisions relating to patient care, support, treatment, financial matters and day-to-day living.

It was commissioned by the Department of Health and Social Care after concerns about the implementation of


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