The Mental Capacity Act was implemented in October 2007.

It provides a statutory framework for assessing whether a person has mental capacity to make certain decisions.

It also defines how others can make decisions on behalf of someone who lacks capacity.

From April 2009 the Mental Capacity Act allows for the detention (deprivation of liberty ) of people who lack capacity , under the Deprivation of Liberty Safeguards (DLS). 

Such detention may be crucial to ensure a person receives the care or treatment which they need.

An authorization under DLS must be done in accordance with a procedure which is set out in law.

The Act applies to people in Care Homes and in Hospitals. Decisions made under the Deprivation of Liberty Safeguards can be challenged where appropriate.

Further information can be found on the Devon County Council website.