The Mental Capacity Act 2005 and Its Influences on Social Work Practice: Debate and Synthesis

Authors: Manthorpe, Jill; Rapaport, Joan; Stanley, Nicky

Source: Practice, Volume 20, Number 3, September 2008 , pp. 151-162(12)

Publisher: Routledge, part of the Taylor & Francis Group

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Abstract:

The newly implemented Mental Capacity Act 2005 in England and Wales enshrines much of the practice established under case law to safeguard people who lack ability to make specific decisions, enhances personal autonomy and enables people to make advance decisions to refuse treatment. It introduces new proxy-decision-making roles to address health, welfare and financial matters and specialist advocacy for people who do not have family or friends where major health and welfare decisions are to be made. This article outlines the scope of the Mental Capacity Act 2005, considers some of the implications of the Act for social work practitioners around the areas of planning and working with others in new roles, and clarifies some of their responsibilities. The article concludes that the potential for good practice will need to be supported by professional reflection and service monitoring.

Keywords: Mental Capacity Act; proxy-decision-makers; advance decisions; best interests; social workers

Document Type: Research article

DOI: http://dx.doi.org/10.1080/09503150802341384

Publication date: 2008-09-01