Mental Capacity Act (MCA) and Covid-19

care provider

The MCA and Covid-19

Those most at risk from Covid-19, such as older people, and people with existing long-term health conditions, are likely to be over-represented in the group of people whose rights and freedoms are protected by the Mental Capacity Act (MCA) 2005.

When people are having their lives affected on a grand scale by the coronavirus, it is important to know what protections the MCA gives them, both during the crisis and in more typical times.

Has there been legal changes to the MCA?

Unlike the Care Act, the MCA and the related Deprivation of Liberty Safeguards, (DoLS) has not been altered by the emergency Coronavirus Act which went through Parliament in March 2020.

However, the Government has released guidance on applying the MCA and DoLS during the pandemic. The MCA still applies and the principles should continue to be upheld.

 

How can you find out more?

Social Care Institute for Excellence has released guidance for the social care sector about the implications of coronavirus on the MCA.

39 Essex Chambers have released guidance discussing coronavirus, social distancing and the MCA.